Advising
on an arbitration between a UK company and a consortium of Spanish and German contractors over the delivery of trains.
Not exact matches
So, in the current labour dispute
between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect
on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding
arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.
Meanwhile, insurance officials will write regulations
on coverage, disclosures to patients and establish an
arbitration process intended to settle related billing disputes
between doctors and insurers, leaving patients out of them.
The court (ICC) in determining the case struck out the Application made to it for
arbitration because the court has established that the 2006 contract (signed
between Waterville and the Government of Ghana)
on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed
between Waterville and the Government of Ghana....
It is interesting that, in finding no such reasonable doubt in this case, the court relied heavily
on an affidavit submitted by Mr. Haigh describing his relationship with the firm, and the ongoing conflict checks he conducted which did not disclose the relationship
between the firm's client and the claimant in the
arbitration.
Investors will have to choose
between relying
on domestic law before domestic courts, lobbying their home - state to launch state - to - state dispute settlement or to use the less transparent private commercial
arbitration.
First, with regard to the judicial avenues foreign investors have against host - states, three come to mind: (a) bringing a claim before an investor - state tribunal; (b) bringing a claim before a domestic court, based
on domestic and / or international standards of protection; and (c) private commercial
arbitration based
on a contract
between the investor and the host ‑ State.
First, the question of the relationship
between the decision of the court in setting aside proceedings and its impact
on the
arbitration commenced after the setting aside of the award.
Where article V (1)(a) concerns the existence of a valid
arbitration agreement which is binding
on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid
arbitration agreement
between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to
arbitration.
Advising
on a US$ 1 billion energy dispute subject to
arbitration under the
Arbitration Rules of South East Asian institution
between a state - owned oil company and a multinational.
What can be accomplished through mediation, or even
on the rare occasion
arbitration,
between the two parties is some sort of collaborative process that allows the parties to cooperate and reach a resolution that is beneficial for the children.
In so doing, he underscores the crucial role played by courts in support of foreign
arbitration, while also shedding light
on the interactions
between arbitral tribunals and Turkish courts.
The firm: Founded in 1860, WeirFoulds has acted
on some of the most significant litigation and commercial matters in Canada, including the dispute
between Canada, Ontario, and Quebec over the apportionment of assets of the former Province of Canada and the first international
arbitration in which Canada represented itself (the Hague North Atlantic Fisheries
Arbitration).
On a similar note, the High Court of Bangladesh further observed that a distinction had not been drawn
between international commercial
arbitration taking place in Bangladesh and that taking place outside Bangladesh.
Representing innovative litigation finance platform in dispute pending in state district court that arose
between attorney borrowers and lender over
on - platform transaction, and in multi-million dollar dispute pending in commercial
arbitration with lender over collapsed business relationship.
It found that it was common ground
between the experts that under applicable Russian
arbitration law at least one valid ground to set aside the award had been present, which related to the obligations
on the arbitrators to disclose certain potential conflicts of interest.
Highlights include a London
arbitration relating to a US $ 2 billion African urban project, a landmark decision
on legal professional privilege in Hong Kong's highest court after a document summons by the HK Secretary for Justice, a # 1 billion joint venture dispute
between two global oil companies, and action against various defaulting clients of a renowned English financial institution.
The thrust of conversation throughout the event was
on collaborating ideas to find common ground
between civil and common law jurisdictions in international
arbitration; a particularly pressing issue in Africa, whose tangled colonial history has contributed to a distinct mixture of both systems, as well as Islamic laws and local customs.
The need for greater harmonisation
between Africa's differing legal traditions is needed if international
arbitration is going to take hold
on the continent and attract a greater number of cases to African seats, according to delegates at the International
Arbitration Conference hosted by the Chartered Institute of Arbitrators (CIArb).
In a decision recently posted
on the Swedish
Arbitration Portal, the Svea Court of Appeal found that the tribunal in an investment
arbitration had lacked jurisdiction to decide the dispute
between the parties.
In an
arbitration between the Corporation of Quinte West and CUPE, Local 759, (decision released
on October 21, 2011), Arbitrator Paula Knopf considered whether an employer has an obligation to accommodate an employee who suffers from allergies that are caused, at least in part, by scented products in the workplace.
We focus both
on commercial, typically contractual disputes
between business entities, as well as
on investor / state
arbitrations in cases of expropriation or other breaches of bilateral investment treaties.
An
arbitration between an international environmental nonprofit organization and a European government over an attack
on the organization's property and personnel.
It seems to me that one is
on fairly safe conceptual and legal grounds when discussing the tension
between elements of inter-State and investor - State dispute resolution in investment treaty
arbitration.
Because of the differences
between international investment law and traditional public international law,
on the one hand, and commercial
arbitration,
on the other, analogies with both systems, while certainly not excluded, have to be treated with caution.
On the other hand, even though it relies on procedural rules that are essentially the same as those made for arbitrations between private parties, investor - State arbitration differs from typical commercial arbitratio
On the other hand, even though it relies
on procedural rules that are essentially the same as those made for arbitrations between private parties, investor - State arbitration differs from typical commercial arbitratio
on procedural rules that are essentially the same as those made for
arbitrations between private parties, investor - State
arbitration differs from typical commercial
arbitration.
It is widely expected that investor - State
arbitration should fulfill a role similar to that of judicial review under domestic administrative and constitutional law, subjecting host State public authority to an understanding of the rule of law that focuses chiefly
on restrictions in the relations
between public and private actors.
Any dispute
between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding
arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request
on the other party.
This ruling follows
on from a dispute
between two companies operating in the oil and gas industry, Norscot Rig Management («Norscot») and Essar Oilfield Services («Essar»), which was heard in an ICC
arbitration before Sir Phillip.
Christopher enjoys the unusual problems that arise
on insolvency: he was recently instructed to advise following the collapse of a large regional law firm, and acted in an ad hoc
arbitration between an insolvent football club and its successor company as to the entitlement to a # 500,000 contingent transfer fee for a premier league footballer.
These challenges, I submit, stem from a disconnect
between a broadly held view of the role of investor - State
arbitration,
on the one hand, and the details of its actual functioning,
on the other.
Representing the Bolivarian Republic of Venezuela in an
arbitration under the ICSID Additional Facility, based
on a claim of more than US$ 1 billion brought by a Canadian mining company under the bilateral investment treaty
between Canada and Venezuela, in a proceeding conducted in Spanish and English.
Second, this blog is always
on the lookout for differences in interpretation or application that the courts find
between the Federal
Arbitration Act and the New York Convention, especially that part that is codified as U.S. law in 9 U.S.C.. Here, the Court of Appeals states that: A «district court ‟ s primary authority to compel
arbitration in the international context comes from 9 U.S.C. § 206, rather than from 9 U.S.C. § 4».
Touch
on the interplay
between the U.S. civil justice system and the private
arbitration of disputes
In Ontario and Canada, the tension
between,
on the one hand, pro-
arbitration policy and,
on the other hand, the principle of consent in
arbitration, likely needs more judicial development in the future.
In Northwestpharmacy.com Inc. v Yates, the Supreme Court of British Columbia released a noteworthy
arbitration - related decision
on September 7, 2017, about whether British Columbia had territorial jurisdiction and whether the case should be stayed in favour of
arbitration based
on an
arbitration agreement
between Northwestpharmacy and a third party.
Any unsettled controversy or claim
between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding
arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered
Arbitration and in accordance with the New York Convention
on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.
Written by local experts in key jurisdictions, topics covered include: regulations governing direct distribution; potential restrictions, financial and tax considerations
on foreign businesses» operations; distribution structures available to suppliers; regulation of relationships
between suppliers and distributors; restrictions
on the distribution of competing products; relevant consumer protection laws; restrictions
on contractual choice of law, courts or
arbitration tribunals; and dispute resolution, mediation and
arbitration procedures and processes.
He found that, based
on any line of analysis, to order the reinstatement of an employee who falsely called in sick in order to play baseball, then repeatedly lied to his employer after the fact, and at
arbitration undermined the trust relationship
between Telus and the grievor such that it could not be repaired.»
In the event of a conflict the clients or the other party may resort to
arbitration based
on the contractual agreement
between them instead of heading towards the process of litigation.
arbitration contracts of adhesion in consumer matters click - through contracting
on websites the relationship
between the Civil Code and the principles of private international law.
Janna Purdie offers advice
on distinguishing
between arbitration & expert determination clauses
On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory
arbitration agreements
between employees and...
Outside the courts, members of chambers frequently appear
on both sides in very high value confidential
arbitrations between professional indemnity insurers and their insureds.
(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind
between you and Provider arising under these Terms shall be resolved through binding
arbitration pursuant to the JAMS Streamlined
Arbitration Rules and Procedures
on an individual basis with no class relief.
In family
arbitration you and your partner will appoint an arbitrator, who will make a decision that will be final and binding
between the parties,
on any financial and property disputes arising from family relationships.
In family
arbitration you and your partner appoint an arbitrator, who will make a decision that will be final and binding
between the parties,
on any financial and property disputes arising from family relationships.
Family
arbitration is like selecting your own private judge who will make a final ruling
on all outstanding issues
between you and your ex spouse.
Between financial corporation scandals, like the cyber attacks
on Equifax, and the recent repeal of the Consumer Financial Protection Bureau (CFPB)
arbitration rule, consumers are having trouble trusting financial institutions with their personal information.
A. Most often, hearing panels in
arbitration cases are called
on to decide monetary disputes
between two REALTOR ® principals regarding which one is entitled to the co operative commission offered by the listing broker.