Sentences with phrase «on an arbitration clause»

Posted by Victoria Strauss for Writer BewareRecently, the New York Times published a fascinating three - part series of articles on arbitration clauses, and how such clauses «buried in tens of millions of contracts have deprived Americans of one of thei... -LSB-...]

The nursing home argued that the case should be heard through arbitration, based on the arbitration clause contained in the pre-admission contract.

Union Trans - Pacific v Orient Shipping [2002] EWHC 1451 (Comm), TLT 17/7/2002: effect of dissolution of company on arbitration clause & reference

To avoid expensive court litigation and ensure a fair playing field in disputes with foreign companies or governments, many corporations rely on arbitration clauses.

The court dismissed the suit based on an arbitration clause contained in the franchise agreement and the plaintiff appealed.

The respondents brought a motion to stay the oppression application based on an arbitration clause in the parties» Unanimous Shareholders» Agreement («USA»).

A ban on arbitration clauses would very likely have resulted in lower reward payments for wronged customers and higher credit costs for everybody.

Not exact matches

Perhaps the most significant thing about the complaint is that it's based on a law that seems to allow employees to sidestep mandatory arbitration clauses in their contracts, Axios reports.

Werner's Equifax appearance, an undertaking by an organization called Public Citizen, was focused on highlighting consumer - hostile forced arbitration clauses.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

The reason is that there are so many risks: government regulations of short - selling (SEC Rule 204), special government regulations put in place during market panics (e.g. the 2008 SEC ban on short selling financials), forced buy - ins, unlimited losses, debt to the brokerage, interest one is charged for being short which can vary arbitrarily, brokerages could change margin requirements to any arbitrary amount, arbitration clauses, you agree to indemnify the brokerage for anything it did even if it did the wrong thing, some brokerages also do market - making and thus have further incentive to fleece the client, and all the other «screw you» legal language that you agreed to when opening an account.

You could pay in full every time, have a credit score of 820 and still have your grace period shortened, see mandatory arbitration clauses on your terms and conditions, and now possibly be charged inactivity or low usage fees.

In addition to the standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive clauses found in most inspection contracts.

Today the new Terms of Service of Stack Exchange have been released, sparking a lot of unrest about its arbitration clause; see the comments and answers on the linked meta above, and also this...

If arbitration clauses in intra-EU BITs adversely affect EU law, then there is little point in discussing whether or not the Court's conclusion is justified in light of arbitral practice — it's time to move on and to understand what will happen next, rather than to analyse whether there actually is or should be room for investment arbitration in intra-EU relations as a matter of EU law.

As Director of Arbitration and ADR, North America, for the ICC International Court of Arbitration, she advised North American companies, law firms and parties on all phases of ICC arbitration, including negotiating and drafting arbitration clauses, substantive and procedural rules for filing requests for arbitration before the ICC Court, and enforcement of arbitration awards

We advise on all aspects of arbitration, from drafting suitable clauses to advising on the type and seat of arbitration, the formation of a tribunal, arbitral procedure and enforcement of the award.

The discussion focused on the interpretation and legal support behind forum / venue selection clauses, merger clauses, arbitration provisions, prevailing party clauses, jury waivers, and others.

On Oct. 3, 2013, the Supreme Court of Arkansas granted LegalZoom's request to send a lawsuit pending there to arbitration, pursuant to the mandatory arbitration clause in LegalZoom's terms of service.

The Dell v Consumers Union case out of Quebec might be another — where the SCC enforced an arbitration clause — though again, the people resisting enforcement were trying to take unfair advantage of a clear mistake by the company, even circulating deep links to avoid the effect of the first attempt to correct the mistake on the website.

In Fiona Trust v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan) the issue was whether or not a claim for rescission of eight standard form charterparties on the grounds of alleged bribery was outside the terms of an arbitration clause.

She has been appointed arbitrator since 1996, including pursuant to «commercial man» clauses and is on the panel of arbitrators of various regional arbitration centres.

In particular, González will provide the views of a counsel on the use of this clause in investor - State arbitration.

Pending clarity on the post-Brexit EU enforcement regime, businesses and their legal advisors should consider arbitration (and the inclusion of arbitration clauses) as an alternative to litigation.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

Under the Illinois Nursing Home Care Act, arbitration clauses were considered to undermine the purpose of the act by making it mandatory for residents and their families to abide by a confusing nursing home contract on admission to a nursing home.

We can help you decipher the arbitration clause in your auto insurance policy and decide on the best course you can take to recover against it.

It is advisable for parties who have agreed on including an arbitration clause in their contract to provide at least some detail as to how an arbitrator will be selected and the procedures and timelines to be used in the arbitration process.

The arbitration service is CC'd on all the emails, but they're passive since the clause doesn't seem to involve them changing the reward amount.

The court also addressed the dispute over the arbitration clause in the agreement: «The correct reading is that the agreement continued but would be subject to whatever new, amended or additional terms were agreed on.

Confidential LCIA arbitration (2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

Re ICC arbitrations (2011, confidential, ongoing): jurisdiction challenge founded on multi-tiered arbitration clause providing for arbitration after a period of friendly discussions.

Potential gaps or serious fairness issues in arbitration clauses may prevent employers from relying on them and allow employees to seek recourse through the courts in spite of the clause.

Expert on English arbitration law; recent cases include Lisnave v CST (Commercial Court, 2013: whether an arbitration clause to be implied); BAIC v Matelec (Commercial Court, 2013: whether ARIAS arbitration clause prevailed over Kenyan jurisdiction clause).

On the corporate side, Coombe sees a marked increase in the drafting of mediation and arbitration clauses for employment contracts, joint venture agreement, licensing agreement and other deals.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches.

It was on why it's important your commercial contracts contain an arbitration clause that works well.

The members, all litigators with ADR experience, help others in the firm look for ADR opportunities in work coming to the litigation department and advise non-litigators on drafting mediation and arbitration clauses into agreements.

Consumer Law & Policy Blog's Paul Bland described Lexis's arbitration clause this way: Lexis's arbitration clause includes a gag order on its customers requiring tem to keep all arbitrations confidential.

Lexis's arbitration clause includes a gag order on its customers requiring tem to keep all arbitrations confidential.

Plaintiffs» lawyers from Lieff Cabraser Heimann & Bernstein and Robert Klonoff confront the fitness device company's mandatory arbitration clause head on, claiming not only that the provision does not bind class members but that it is itself an illegal trade practice.

Here's an article on arbitrating legal fee disputes: Hassell Arbitration on Arbitrating Legal Fee Disputes Where things stand as of May 2017 (this blog post was updated after being posted): If there is an arbitration clause, disputes go to arbitration.

The European Court of Justice (ECJ) issued a judgment on important jurisdictional matters for cartel follow on cases; while it is being criticised for what it says (or does not say) about the applicability of arbitration clauses, its real practical meaning may lie in the claimant - friendly and clear decision that cartel victims can sue cartelists in the court of the cartel victim's domicile.

* Winston & Strawn want arbitration in their gender bias suit based on a clause in the applicable partnership agreement.

«Over the course of the semester I had the chance to write federal court motions regarding the applicability of arbitration clauses, work on legal memos in Spanish for foreign clients, and co-author an article on corruption as a defense in investment arbitration to be published in the McGill Journal of Dispute Resolution.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

LCIA arbitration (confidential)(2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

After brushing up on the pros and cons of arbitration, consider having a Chicago personal injury lawyer review your arbitration clause and evaluate how (if at all) it will affect your personal injury case.

JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness

For instance, a clause might not be considered an arbitration agreement under the 1996 Act if it does not permit the arbitrator to make decisions that are binding on the parties (Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC)-RRB-.