According to the legislation, if a party to an arbitration agreement starts a lawsuit instead of proceeding with an arbitration, the Court will stay that proceeding upon motion brought by
the other party to the arbitration agreement.
(3) If the challenged arbitrator agrees to withdraw or
all other parties to the arbitration agree to the challenge, the challenged arbitrator shall withdraw from the arbitration.
Not exact matches
and finally resolved by
arbitration in the United States under Nevada State Law which will be deemed
to be incorporated by reference into this clause, save for any waiver of any rights the
parties would otherwise have
to any form of appeal or recourse
to a court of law or
other judicial authority, which rights are expressly reserved.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwis
To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwis
to an
arbitration involving any
other party subject
to this Agreement, whether through class arbitration proceedings or otherwis
to this Agreement, whether through class
arbitration proceedings or otherwise.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwis
To the fullest extent permitted by applicable law, no
arbitration under these Terms of Use shall be joined
to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwis
to an
arbitration involving any
other party subject
to these Terms of Use, whether through class arbitration proceedings or otherwis
to these Terms of Use, whether through class
arbitration proceedings or otherwise.
In the event the
parties can not agree on an arbitrator within thirty (30) days of the initiating
party providing the
other party with written notice that it plans
to seek
arbitration, the
parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator
to resolve the dispute.
Make every reasonable effort
to negotiate an equitable and mutually agreeable settlement of any controversy with a supplier; and / or be willing
to submit any major controversies
to arbitration or
other third
party review, insofar as the established policies of my institution permit.
Neither
party agrees
to class
arbitration, or an
arbitration where a person brings a Dispute as a representative of any
other person or persons.
A
party who intends
to seek
arbitration must first send
to the
other, by certified mail, return receipt requested, or by
other mail delivery service that provides proof of delivery (e.g., FedEx), a written notice of dispute («Notice»).
«(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.
«(a) DEFINITION - For purposes of this chapter, an alternative dispute resolution process includes any process or procedure,
other than an adjudication by a presiding judge, in which a neutral third
party participates
to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and
arbitration as provided in sections 654 through 658.
Amazon has laid out five
arbitration demands in a complaint filed with the American
Arbitration Association (obtained by TechCrunch, see below), accusing the involved
parties of offering services
to boost the number of pages read in books, fraudulent customer reviews, creating fake user accounts
to download e-books and inflate the numbers and
other schemes
to boost the amount of royalties authors and publishers were able
to pull from Amazon's self - publishing platform.
In the event a
party fails
to proceed with
arbitration, unsuccessfully challenges the arbitrator's award, or fails
to comply with the arbitrator's award, the
other party is entitled
to costs of suit, including a reasonable attorney's fee for having
to compel
arbitration or defend or enforce the award.
Even if a
party fails
to exercise these rights at any particular time, or in connection with any particular Claims, that
party can still require
arbitration at a later time or in connection with any
other Claims.
However, any demand for
arbitration that is made after a lawsuit or
other legal proceeding has begun must be made within 90 days following the service of a complaint, third -
party complaint, cross-claim or counterclaim or any answer thereto or any amendment
to any of the above.
OTHER RIGHTS THAT EITHER
PARTY WOULD HAVE IF THAT
PARTY WENT
TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT
TO CONDUCT DISCOVERY OR
TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN
ARBITRATION.
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.
Given that this Agreement provides for mandatory mediation and
arbitration, if any
party commences litigation in violation of this provision, such
party shall reimburse the
other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking
to abate such litigation and compel
arbitration.
To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable
To the extent permitted by law, we shall not be liable for any Losses by or with respect
to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable
to the Account, except
to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable
to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven
to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable
to have been fairly within the contemplation of the
parties as of the date hereof, and are determined by a court of competent jurisdiction or an
arbitration panel in a final non-appealable judgment or order
to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable
to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or
other losses (regardless of whether such damages or
other losses were reasonably foreseeable).
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.
Either
party may commence the
arbitration process called for herein by submitting a written demand for
arbitration with the AAA, and providing a copy
to the
other party.
To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwis
To the fullest extent permitted by applicable law, no
arbitration under these Terms shall be joined
to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwis
to an
arbitration involving any
other party subject
to this Terms, whether through class arbitration proceedings or otherwis
to this Terms, whether through class
arbitration proceedings or otherwise.
If any
arbitration or
other proceeding is brought
to enforce or interpret this Agreement or matters relating
to it, the substantially prevailing
party, as determined by the arbitrator's award, will be entitled
to recover reasonable attorneys» fees and
other costs and expenses incurred in such
arbitration or proceeding from the
other party, in addition
to any
other relief
to which such prevailing
party is entitled; provided that in no event will the arbitrator have the authority
to award punitive damages.
«The
parties to the
arbitration agreement are enjoined from making any emergency applications concerning the management of the hotel in any forum
other than the ICC or the courts of New York,» he wrote — jurisdictions in which the matter has already been contested, including the International Chamber of Commerce.
As such,
parties used
to other developed common law jurisdictions, such England & Wales, either as their domestic regime or as leading seats of
arbitration they are familiar with, will feel at home and able
to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural law).
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).
In my next column, I will look at these and
other issues the Tribunal may have
to consider in exercising its jurisdiction over the
arbitration procedure and the involvement of a third
party funder.
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.
The court ultimately rejected this challenge because the arbitral award, though mentioning
other parties who were not bound by the
arbitration agreement, did not make any award in their favour or any determination with respect
to the rights of those
parties.820
Guideline 26 provides that the Tribunal may admonish a
Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the
Party Representative, consider the
Party Representative's Misconduct in apportioning the costs of the
arbitration and take any
other appropriate measure in order
to preserve the fairness of the proceedings.
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
For instance, the Supreme Court of Spain enforced an award rendered by a sole arbitrator appointed by one of the
parties, where the
party opposing enforcement had refused
to appoint a co - arbitrator.883 Similarly, a United States court enforced an award rendered by one of the
party appointees as a sole arbitrator where the
other party chose not
to participate in the
arbitration.884
(China and the UK are both
parties to the New York Convention, which requires courts of contracting states
to recognise and enforce
arbitration awards made in
other contracting states.)
A
party seeking
arbitration must first send
to the
other, by certified mail, a written notice of dispute.
Is an
arbitration clause which does not violate fundamental fairness rights a provision which is so unduly onerous that steps must be taken
to draw it
to the attention of
other contracting
parties?
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.
After the proceedings concluded, the retired judge rendered an
arbitration award, which directed that the Association hire a contractor
to make certain repairs and advance the funds for the work subject
to reimbursement from numerous
other affected lot owners who were not
parties to any of the prior proceedings.
An
arbitration should be viewed as a project that requires a full assessment of the objectives of the
parties and
other stakeholders, and proper project management in order
to achieve those objectives.
If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any
other relationship that the claim has
to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an
arbitration forum pursuant
to a valid
arbitration clause that binds the
parties, an issue beyond the scope of this question and answer).
As stated by the Barreau du Quebec (the province's bar association), the reform
to the Code is an important change in culture, one that encourages
parties in a dispute
to try
to resolve their disagreements by amicable means (e.g., mediation,
arbitration and
other dispute resolution processes) before progressing
to courts and tribunals.
For example, in British Columbia, a
party who seeks
to appeal an award regarding a legal issue must obtain permission from the court and the consent of the
other parties, but the
parties can not agree
to exclude the right of appeal until the
arbitration starts.
The losing
party in the
arbitration sought
to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by
other agreements involving
other parties.
Ironically, because religious
arbitration now takes place mainly outside the scrutiny of the Ontario courts, there is no way
to tell whether women are being treated well or badly in informal religious
arbitrations conducted by imams, rabbis or, indeed, any
other arbitrator chosen by the
parties involved.
Among
other things, the order provided that the mother would select one of three named people
to act as the
parties» parenting coordinator, whose services would include resolving disagreements by way of secondary
arbitration.
In
other words, the companies must also be compelled into
arbitration when they want
to sue the contracting
parties.
The
Arbitration Act itself specifically provides that Courts are not
to interfere in disputes covered by an
arbitration agreement
other than for the limited purposes of assisting in the conduct of
arbitrations, ensuring that they are conducted in accordance with
arbitration clauses,
to prevent unequal or unfair treatment of
parties to arbitration clauses, and
to enforce
arbitration awards.
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.
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.