He represents these clients not
only at arbitration and before the Labour Relations Board, but in proceedings before all levels of Court.
Not exact matches
The
Arbitration shall be held either: (i)
at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii)
at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii)
at your election, if the
only claims in the
arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.
The
only option, then, for an abused borrower is
arbitration, which generally puts the borrower
at a disadvantage.
The law of the country where the
arbitration took place plays
only a subsidiary role in the event that the parties have not reached an express or implied agreement on the procedural point
at issue.850
Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain
arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the
arbitration took place
at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets
only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral awards.
Prior to re-joining Buddle Findlay, Bridie spent three years in London working
at Quinn Emanuel Urquhart & Sullivan UK LLP, a specialist international litigation and disputes
only practice where she worked on a wide variety of litigation and
arbitration matters in England, the British Virgin Islands and Singapore.
Reflecting on her time
at Miami Law Klykova says, «I am truly thankful to Miami Law for providing me with an opportunity not
only to learn, do research, and teach a course to law students, but also to meet with the leading experts and practitioners in the field of international
arbitration who inspired me to continuously grow and improve professionally and personally»
The court will
only grant permission if the matters
at stake in the
arbitration are sufficiently important to the parties and the determination of the legal issue will significantly affect the parties» rights.
CIMAC is not the
only arbitration court in Morocco but it brings «a more stable, more credible and more open environment», says Salima Bakouchi, co-founder and partner
at Casablanca firm Bakouchi & Habachi.
In state court and
arbitration, the trial judge or the arbiter often encourages the parties to exchange trial exhibit documents and agree on their admissibility or
at least focus on meaningful objections for
only a few documents.
«The possibility to have disputes resolved independently and locally can
only be a positive development in offering parties choice and flexibility,» says Thomas Kendra, a senior associate
at Hogan Lovells and one of the KIAC board members who helped to prepare and draft the KIAC's
arbitration rules.
If we do look
only at these two elephants and how they have changed since they were last compared in the 1960s, however, we observe that many of the challenges that accompany creating a court are the same, while investor - state
arbitration has been transformed, invalidating traditional assumptions and generating a range of new reform challenges.
The Federal
Arbitration Act (the Act) makes
arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist
at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an
arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply
only to
arbitration or that derive their meaning from the fact that an agreement to arbitrate is
at issue,»
AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.
In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the
arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award,
only to be met by a setting aside application
at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.
At present,
arbitration in England is
only possible for financial cases, and not children cases.
The court will
only grant leave if it finds four conditions to be satisfied: (a) the determination of the question will substantially affect the rights of one or more of the parties; (b) the question is one which the tribunal was asked to determine; (c) the decision of the tribunal was obviously wrong, or the question is one of general public importance and
at least open to serious doubt; and (d) despite the agreement of the parties to resolve the matter by
arbitration, it is just and proper in all of the circumstances for the court to determine the question.
Section 45 (1) of the Ontario
Arbitration Act, 1991 provides that, if the
arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant
only if it is satisfied that (a) the importance to the parties of the matters
at stake in the
arbitration justifies an appeal; and (b) determination of the question of law
at issue will significantly affect the rights of the parties.
This expansion of mandatory
arbitration drew criticism from the National Association of Exclusive Buyer Agents, which complains that the new procedure favors traditional practitioners
at the expense of exclusive buyer's agents who represent
only buyers and never sellers.