Sentences with phrase «on arbitration provisions»

There are a number of technical requirements imposed on arbitration provisions which must be met.

They then moved immediately to compel Key Motors to arbitrate the dispute in Seoul, Korea, based on an arbitration provision in a written distributorship agreement that Key Motors and Hyundai entered into in January 2013.

Not exact matches

The Card Check / Neutrality agreement also includes an «interest arbitration» provision, which guarantees that the workers at Rivers will not have to go on strike to win a first contract.

Officials and civic leaders should also ensure that influential members of the local media are aware of the contract's provisions and have information on the nature, conduct, and outcomes of grievance and arbitration proceedings.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

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.

This ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borroarbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borrower».

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Savings Account, or any amounts owed on your Savings Account, to any other person or entity; or iv) closing of the Savings Account.

Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

Based on our experience working with clients and other lawyers in Canada, Mexico, and the United States, we are familiar with the sections of NAFTA that are likely to be impacted, including investor - state arbitration provisions, bi-national review panels for trade litigation, and local content requirements for products such as automotive parts.

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.

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

The Uniform Arbitration Act (1990), in force in six provinces (and passed years ago in PEI but never proclaimed in force), sets out what were then modern rules for the conduct of arbitrations, with powers of arbitrators spelled out in default of agreement by the parties, and with restrictions on court intervention in the proceedings, as well as enforcement provisions.

Of course, incorporating an ODR provision into the CETA would probably have little real - world effect on actual efforts and collaborations to help promote online negotiation or arbitration.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

The Court interpreted this provision to expressly limit any prohibition on costs awards to the arbitration proceeding.

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

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.

2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive costs is too speculative to justify invalidating arbitration agreement), on the ground that the fee provision was not speculative and there were other unconscionable terms.

On March 24, 2018, news broke that a prominent law firm was forcing its incoming summer associates to sign a mandatory arbitration agreement with a non-disclosure provision as a condition of employment.

The February 2014 issue of the Arbitration News published by the Arbitration Committee of the International Bar Association features the article authored by Partner Alina Popescu on the arbitration related provisions of the new Civil Procedure Code.

This is an overriding provision which allows Indian courts hearing arbitration - related proceedings to award costs on a more robust basis than before.

It further addresses the provisions in the new annex in 2017 SCC Rules on investment treaty arbitration.

E&Y moved to compel individual arbitration based on the «separate proceedings» and arbitration provisions in the employment agreement.

This agreement contains a mandatory individual arbitration and class action / jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and international dispute resolution practitioners: to what extent to international contracts containing mandatory arbitration provisions supercede contrary state (or even federal) law.

The Circuit therefore went on the rule that, «since the parties mistakenly designated an arbitration forum that does not exist, the forum selection provision of the arbitration agreement is «null and void» under Article II (3)» of the New York Convention, which regulates the area.

The court denied the motion, finding that the hyperlink to the terms of use (containing the arbitration provision) was too inconspicuous to put a reasonably prudent internet consumer on inquiry notice.

Although the parties are free to agree on procedure, and failing such agreement the tribunal may conduct the arbitration in the manner it considers appropriate, that freedom is subject to the other provisions of the Model Law, including Article 18.

These On Call Terms and Conditions contain a dispute resolution provision that includes arbitration and that may affect your rights.

Trial on enforceability of arbitration provision in consumer contract resulted in judgment for defendant.

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.

The defendants brought a motion to stay the proceedings based on section 7 (1) of Ontario's Arbitration Act, 1991 (a similar provision is contained in provincial arbitration statutes across Canada).

On 4 December the Supreme People's Court (SPC) issued a news release that its judicial committee had approved a judicial interpretation on judicial review of arbitration in principle, entitled Provisions on Some Issues Related to the Trial of the Judicial Review of Arbitration (Judicial Review of Arbitration Interpretation)(最高人民法院关于审理仲裁司法审查案件若干问题的规定On 4 December the Supreme People's Court (SPC) issued a news release that its judicial committee had approved a judicial interpretation on judicial review of arbitration in principle, entitled Provisions on Some Issues Related to the Trial of the Judicial Review of Arbitration (Judicial Review of Arbitration Interpretation)(最高人民法院关于审理仲裁司法审查案件若干问题的规定on judicial review of arbitration in principle, entitled Provisions on Some Issues Related to the Trial of the Judicial Review of Arbitration (Judicial Review of Arbitration Interpretation)(最高人民法院关于审理仲裁司法审查案件若干问题的规定on Some Issues Related to the Trial of the Judicial Review of Arbitration (Judicial Review of Arbitration Interpretation)(最高人民法院关于审理仲裁司法审查案件若干问题的规定).

Among other provisions, the new statute adopts rules promulgated by the United Nations Commission on International Trade Law (UNCITRAL), a U.N. body that has long been concerned with promoting the enforceability of arbitration agreements and electronic contracts in its member countries.

National arbitration statutes generally contain only limited provisions on disclosure and recognise parties» autonomy to determine procedural issues, while institutional rules usually give tribunals a wide discretion in relation to disclosure, ranging from ordering parties to produce any documents they consider relevant (Art 22 (1)(e), LCIA Rules), to granting them a general mandate to establish facts through appropriate means (Art 25, ICC Rules).

Mr Pratap learned senior counsel placed reliance on the Judgment of Supreme Court in case of Bhatia International (supra) and in particular paragraphs 26 and 32 and submits that even according to the said judgment, in case of international commercial arbitration held out of India, provisions of Part - I would apply unless the parties by agreement expressly or impliedly excludes any or all of its provisions.

Although, it was pointed out on behalf of the Appellant that in Rule 1.1 it had been stated that if any of the SIAC Rules was in conflict with the mandatory provision of the applicable law of the arbitration, from which the parties could not derogate, the said mandatory provision would prevail, such is not the case as far as the present proceedings are concerned.

Although the Queensland Land and Resources Tribunal has the responsibility for mediation and arbitration relating to mining and exploration notices, the Queensland Registry of the National Native Title Tribunal has recorded a significant number of notices issued under the Queensland alternative provisions since the commencement of those provisions on 18 September 2000.