The court's ruling on the proper interpretation not only resolves the issue for those parties, but means the law can be correctly applied in
other arbitration cases.
Not exact matches
Uber has sought
arbitration in
other cases involving alleged sexual violence against its passengers by drivers, as well as in battles with its drivers seeking better compensation.
She said that while
arbitration bars customers from pursuing class - action
cases, it doesn't block them from
other legal venues like small claims court.
If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the
other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no
case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide
arbitration..
The
other way would be via a
case at one of the many international
arbitration courts.
In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying
arbitration claim, the cost and
other effort what would be involved in providing the requested discovery, the
case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
«(a) FILING AND EFFECT OF
ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to a
ARBITRATION AWARD - An
arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to a
arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the
other party by the prevailing party or by the plaintiff, shall be filed promptly after the
arbitration hearing is concluded with the clerk of the district court that referred the case to a
arbitration hearing is concluded with the clerk of the district court that referred the
case to
arbitrationarbitration.
IN THE ABSENCE OF THIS
ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND / OR TO PARTICIPATE OR BE REPRESENTED IN A
CASE FILED IN COURT BY
OTHERS (INCLUDING CLASS ACTIONS).
The Ontario
Arbitration Act is typical of most
arbitration statutes when it says parties shall be treated equally and fairly and each party shall be given an opportunity to present a
case and respond to the
other parties»
cases (s. 19).
First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which
case the priority of one obligation over the
other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU
arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).
It is interesting to note that the parties were already aware that Mr. Goldman was acting as counsel on
other cases that involved similar issues as those in dispute in the
arbitration.
However, when the franchisee delivered an expert report shortly before the scheduled
arbitration hearing, it emerged that the arbitrator had retained the same expert in
other franchise
cases where he was acting as counsel.
The
case presented the court with the opportunity to discuss when an
arbitration agreement is valid if it is signed by someone
other than the resident.
Before joining the firm, he represented numerous healthcare providers at trial,
arbitration and mediation in
cases involving allegations of medical malpractice and
other torts.
Successfully represented an energy trading firm in an employment
arbitration case brought by a terminated employee with the arbitrator dismissing wrongful discharge and all
other claims
In these
cases our litigation team relies on its experience in
arbitration and
other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of it.
Marc's
arbitration work includes handling substantial
cases across a number of industry sectors including mining and
other commodities, as well as experience in bringing and defending challenges to
arbitration awards in the English Court (brought under sections 68 and 69 of the
Arbitration Act 1996).
Arish has acted on a wide array of commercial disputes in the English Courts and in English seated
arbitrations, including
cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst
others).
Of course, the U.S. patent owner could also have his cause taken up by U.S. diplomats who could press his cause, either unilaterally in trade or
other negotiations, or before General Agreement on Tariffs and Trade or World Trade Organization
arbitration panels who could hear the
case and decree a remedy that might or might not benefit the individual patent owner.
In the
case of
other arbitration claims, the starting point was reversed.
The Rules for Expedited
Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the
case, the amount in dispute and
other circumstances, that the Arbitration Rules shall apply.
As a member of Foley Hoag's International Litigation and Arbitration Department, González represents clients before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Court of Justice (ICJ), and in ad hoc
arbitrations under the United Nations Commission on International Trade Law (UNCITRAL), in
cases concerning the environment, natural resources, and public health, among
others.
A significant proportion of the
cases in which Nigel is instructed take place in
arbitration, and he has substantial experience of both ad hoc and institutional
arbitrations involving a wide range of commercial disputes, including insurance, reinsurance, sale of goods, shipping, energy and
other commercial agreements.
For example, The New York Times detailed several
cases last year in which families of elderly nursing home residents who were murdered by their roommates were initially blocked from suing the nursing homes for inadequate supervision (and
other shortcomings) due to
arbitration agreements.
Analía González is part of the international
arbitration and litigation practice group, representing clients before the International Centre for Settlement of Investment Disputes (ICSID), and the International Chamber of Commerce (ICC) and the International Court of Justice (ICJ), and in ad hoc
arbitrations under the United Nations Commission on International Trade Law (UNCITRAL), in
cases concerning the environment, the natural resources, public health, among
others.
The international
arbitration community has created a number of electronic and
other publications that follow these developments regularly, requiring many more hours of reading from lawyers than was the
case a few years ago.
Other cases are not so clear, where some disputes fall within an
arbitration clause while
others do not.
Clyde & Co took home the Dispute Resolution Team of the Year award for its work on an international
arbitration case and subsequent appeal, which set a precedent that has been followed by numerous
others in Dubai International Financial Centre (DIFC) award enforcement
cases.
The union certification process would be simplified by, among
other changes, the removal of certain conditions for remedial union certification in
cases of employer misconduct, allowing greater access to first contract
arbitration, empowering the Ontario Labour Relations Board (the «OLRB») to conduct votes outside of the workplace and allowing unions to access employee lists and certain employee contact information once the union has twenty percent (20 %) of employees» support.
Patrick is an experienced litigator and trial lawyer who has regularly taken
cases through to trial and arbitral hearings, with extensive experience in complex commercial litigation (including international
arbitration and
other cross-border disputes), as well as trademark and patent disputes, trade secret theft, and regulatory investigations in a broad range of industries.
Reported, and
other significant
arbitration cases in recent years, include:
Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language
other than the official language of the country, in this
case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the
arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.
While the review appears to be focused on methods of financing commercial
arbitration and insolvency
cases, we are concerned that a relaxation of legal financing rules could lead to the use of TPLF in
other areas, including class actions if they are introduced in the territory.
Many of the
cases in which Chris is instructed are resolved in
arbitration, both in England and Wales and in
other jurisdictions including Hong Kong, Korea, Norway, Singapore and Dubai.
At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its
case is still comprised by the
arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the
other party or any
other circumstances.
Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the
arbitration agreement and jurisdictional issues in view of latest
case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and
other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in
cases involving States.
The response to the notice of
arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of
arbitration in accordance with article 3 in
case the respondent formulates a claim against a party to the
arbitration agreement
other than the claimant.
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.
HLG also represents clients in alternative dispute resolution proceedings such as
arbitration and mediation, and provides probate support for
other law firms and attorneys in personal injury and wrongful death
cases across the state of Alabama.
Several emails have asked what we meant on Wednesday by «
other cases» with
arbitration issues pending.
He has substantial experience of running
cases in criminal courts, tribunals and civil courts to the Supreme Court as well as
other methods of dispute resolution including
arbitration and mediation.
Diego Cadena is an Ecuadorian lawyer with the international
arbitration and litigation group in Washington, D.C.. His practice focuses on comparative law and international dispute resolution, especially in
cases involving the representation of clients before the International Court of Justice in The Hague (ICJ), the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) among
other international tribunals.
Brokered numerous funding and insurance arrangements for
cases brought by SMEs and international claimants pursuing
arbitration and international
arbitration claims under the auspices of, amongst
others, the ICC, ICSID and LCIA.
Our barristers advise and represent parties in all types of
cases relating to shipping and offshore activities in the civil and criminal courts,
arbitrations, inquiries and
other tribunals in the UK and
other countries.
She concentrates her practice in commercial litigation and
arbitration and has litigated a broad range of
cases, including matters arising in the areas of contract, intellectual property, business torts, real estate, environmental, construction, and
other business and commercial dispute contexts.
[166] In this
case, as already summarized, the Complainants were never told «why» their grievances would not be taken to
arbitration,
other than with a boilerplate conclusion that their grievances would not be successful.
It appears that the ENE process is an ADR hybrid which combines certain elements both of mediation (for example, private caucusing with the parties, confidentiality, informal presentations, settlement objectives) and non-binding
arbitration (e.g., the parties and attorneys shall receive a «non-binding evaluation of the matters in controversy by an evaluator»... in
other words, an evaluation which measures and grades the relative strengths and weaknesses of each party's
case).
All in all, I have found Maxwell Chambers to be the equal of any
other arbitration facilities at which I have heard
cases, and far better than most.
Craig's
case was different from
other cases that had ended in rulings favoring the employers because, in those
cases, the employer required employees to electronically review forms and / or submit an electronic form acknowledging that the employee had reviewed and accepted the
arbitration agreement.
He tries complex commercial
cases, in federal and state court and in
other claims tribunals (including
arbitrations and federal or state regulatory agencies).