He has more than 35 years of experience representing or counseling parties in relation to international commercial arbitrations under the rules of the International Chamber of Commerce (ICC), the International Centre for the Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), the Japan Commercial Arbitration Association and the Cairo Regional Centre, as well as ad hoc arbitrations under the UNCITRAL and
other arbitration rules.
Not exact matches
If those efforts fail, by using our Site or
other online service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding
arbitration («
Arbitration») administered by JAMS or its successor («JAMS») and conducted in accordance with the JAMS Streamlined
Arbitration Rules And Procedures in effect at the time the
Arbitration is initiated or, if the amount in controversy exceeds $ 100,000, in accordance with the JAMS Comprehensive
Arbitration Rules And Procedures then in effect (respectively, the «Applicable
Rules»).
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.
A U.S. consumer watchdog on Thursday proposed new
rules to block credit card companies, banks, and
other companies from forcing customers to waive their rights to join class action lawsuits and only settle disputes through
arbitration.
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any
other source of law) shall be resolved on an individual basis through binding
arbitration administered by the American
Arbitration Association, in accordance with the American
Arbitration Association's
rules for
arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/
rules)(except that you may assert individual claims in small claims court, if your claims qualify).
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.
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.
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.
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).
Accordingly, courts have rejected arguments that the composition of the tribunal or the procedure did not comply with the law of the place of the
arbitration where the parties had agreed on
other procedural
rules.
One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory
rules of the place of the
arbitration.871
Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of
arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory
rules of the forum.872
Courts have rejected challenges under article V (1)(d) where the parties choose institutional
rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the
other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the
rules of the International
Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their
arbitration.882
They expressed the view that it will normally be inexpedient to grant interim relief in aid of an ICSID
arbitration, because the ICSID
rules exclude the possibility of such relief unless the parties have agreed otherwise and those
rules form part of the
arbitration agreement to which the court will give effect as they would any
other valid agreement between the parties to a dispute.
during the
arbitration proceedings, deliberately initiate or attempt to initiate with any member of the tribunal or with any member of the LCIA Court any unilateral contact relating to the
arbitration or the parties» dispute, which has not been disclosed in writing prior to or shortly after the time of such contact to all
other parties, all members of the tribunal and the registrar in accordance with the LCIA
Rules 2014, Art 13.4.
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.
This
ruling will be binding and final, subject to agreements that provide for
other avenues to appeal, depending on the form of
arbitration chosen.
Other major international
arbitration rules, such as the SIAC and LCIA
rules, also use nomination as a method for controlling inappropriate appointments.
Mr. White's article, «Favorable
Ruling For Product Manufacturers,» discusses developments relevant to the business community, including a recent product liability decision involving the malfunction doctrine and
other decisions pertaining to
arbitration and workplace injuries.
With the exception of SIAC (which is likely to be updated very shortly), all the
other major international
arbitration rules provide similar provisions.
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.
Mr. Born has represented European, US, Asian and
other companies in
arbitrations under all leading institutional
rules (ICC, LCIA, AAA, Vienna, Stockholm, ICSID) and in ad hoc
arbitrations in all leading international seats (London, Paris, Geneva / Zurich, Vienna, Stockholm, New York, Washington, Singapore).
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.
David has acted as counsel in both domestic and international
arbitration, including AAA
arbitration, ICDR International
Rules, ICC
arbitration, LMAA
arbitration, GAFTA
arbitration, and various
other ad hoc and non-institutional
arbitrations.
Moot arbitrators and
other invited speakers shared their experience and insight into the most recent developments in investment
arbitration and, in particular, in the
arbitrations conducted under the SCC
Rules.
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.
Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American
Arbitration Association (AAA), London Court of International
Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL
rules; we also have extensive experience with
other forms of institutional
arbitration and ad hoc
arbitrations, including
arbitration of public international law issues.
If the dispute can not be settled within 30 days after the mediator has been appointed, or such
other period agreed to in writing by the parties, the dispute shall be referred to and finally resolved by
arbitration administered by the British Columbia International Commercial
Arbitration Centre, pursuant to its
Rules.
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.
Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American
Arbitration Association (AAA), London Court of International
Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL
rules; we also have extensive experience with
other forms of institutional
arbitration and ad hoc
arbitrations.
A model clause for use in contracts or
other legal instruments by parties, which intend to provide for
arbitration of existing or future disputes under the BVI IAC
Arbitration Rules is set forth in Annex A to these
Rules.
For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these
Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c)
arbitrations can be brought to the BVI IAC under contracts and
other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of
other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).
* A model
arbitration clause for contracts or
other legal instruments can be found in Annex A to the
Rules.
However, under Article 1 (9) of the
Rules on Transparency, the Rules of Transparency are available for use in investor - State arbitrations «initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceedings&ra
Rules on Transparency, the
Rules of Transparency are available for use in investor - State arbitrations «initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceedings&ra
Rules of Transparency are available for use in investor - State
arbitrations «initiated under
rules other than the UNCITRAL Rules or in ad hoc arbitration proceedings&ra
rules other than the UNCITRAL
Rules or in ad hoc arbitration proceedings&ra
Rules or in ad hoc
arbitration proceedings».
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
arbitration.
Practice Mr. Carter has represented European, US, Asian and
other companies in
arbitrations under leading institutional
rules and in ad hoc
arbitrations in all leading international seats.
On behalf of both national government and private sector clients, she has also successfully arbitrated international commercial disputes under the
arbitration rules of the International Chamber of Commerce (ICC), American
Arbitration Association (AAA), United Nations Commission on International Trade Law (UNCITRAL), and various commodities and
other specialized associations.
These
Rules are available for use in investor - State arbitrations initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceed
Rules are available for use in investor - State
arbitrations initiated under
rules other than the UNCITRAL Rules or in ad hoc arbitration proceed
rules other than the UNCITRAL
Rules or in ad hoc arbitration proceed
Rules or in ad hoc
arbitration proceedings.
The contractor could try to obtain a partial award in
arbitration, subject to
arbitration rules or
other procedural agreement between the parties.
He advises on and acts as counsel in
arbitrations under the
rules of the major arbitral institutions with a particular focus on energy, telecoms, joint venture, shareholder and
other investment disputes in Southeast Asia.
Ms. Bagasin has experience in ad hoc as well as institutional
arbitrations under various institutional
rules, covering a wide range of disputes relating to gas pricing, energy, project management, construction, licensing, distributorship, sales and
others.
(3) The Centre may, at any time, extend or abridge a period of time required in these
Rules,
other than a period of time fixed or determined by an
arbitration tribunal.
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.
(1) The Centre and parties to an
arbitration under these
Rules may deliver any written communications required or permitted under these
Rules personally, by mail, by facsimile, by email or by
other means of telecommunication which provide a record of delivery.
Daniella has acted as counsel in
arbitrations under, among
others, the International Chamber of Commerce (ICC), United National Commission on International Trade Law (UNCITRAL) and the Netherlands Arbitration Institute (NAI)
rules, as well as in ad hoc proceedings.
But the great difficulty in international
arbitration is that, as the
rules on legal privilege and professional confidentiality vary from country to country and the Sealed Offer is unknown outside England and a few
other countries, a party or its lawyer can not be confident that its adversary, its lawyer and the individual members of the tribunal will respect the confidentiality of a Sealed Offer.
6.5 Are there
rules restricting the appearance of lawyers from
other jurisdictions in legal matters in your jurisdiction and, if so, is it clear that such restrictions do not apply to
arbitration proceedings sited in your jurisdiction?
(1) Without limiting the generality of
Rule 21 or any
other Rule which confers jurisdiction or powers on the
arbitration tribunal, and unless the parties at any time agree otherwise, the tribunal may:
(d) Notwithstanding the AAA
Rules, the foregoing or any
other provision of these Terms of Use (including the
arbitration agreement), any disagreement or dispute concerning arbitrability (whether a particular Dispute is arbitrable) or the scope of this
arbitration agreement shall be resolved by the United States District Court for the federal district in which you reside.
We have experience of handling all types of
arbitration under the full range of
rules including LCIA, ICC, ICSID, UNCITRAL, GAFTA (and
other trade associations) and CIArb as well as under the
Arbitration Act 1996.
One might respond, perhaps, that federal law secures a nonwaivable opportunity to vindicate federal policies by satisfying the procedural strictures of
Rule 23 or invoking some
other informal class mechanism in
arbitration.