Sentences with phrase «other arbitration rules»

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 arbitrationArbitration») 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&raRules 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&raRules of Transparency are available for use in investor - State arbitrations «initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceedings&rarules other than the UNCITRAL Rules or in ad hoc arbitration proceedings&raRules 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 proceedRules are available for use in investor - State arbitrations initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceedrules other than the UNCITRAL Rules or in ad hoc arbitration proceedRules 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.
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