Sentences with phrase «others from arbitration»

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

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.

Earlier Monday he noted testimony from Charter Communications Inc. (CHTR), Dish and other pay - TV companies that criticized AT&T's arbitration proposal, and might be reluctant take the company up on the offer.

After it first announced the data breach, Equifax offered customers affected free credit monitoring and identity protection services — as long as they agreed to a forced arbitration clause that barred them from joining forces with other wronged customers to sue the company.

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.

Clayton said he requested the review «in response to the recent heightened interest from Congress and others relating to the inclusion of mandatory arbitration provisions in the charters or bylaws of U.S. companies contemplating an IPO.»

The company said that it intends use the net proceeds from the arbitration award, after federal and state taxes of approximately 37 percent and certain other expenses, to repurchase Mondelez International Class A Common Stock, subject to final approval by the Board of Directors and actual receipt of the proceeds.

While the points made by these gentlemen are both valid and critically important, they fail to take note of four other dangerous subsidies: (1) the market perception that the Washington and Wall Street revolving door has rendered these firms immune from prosecution — even for repeated, illegal cartel behavior; (2) the ability to spend billions buying back their own stock, effectively propping up their own share price and bad behavior; (3) self - regulation with compromised bodies creating the market perception and reality of a competitive edge; and (4) Congress and the Supreme Court tolerating Wall Street running its own private justice system (mandatory arbitration) where corrupt acts are kept hidden from public view until they blow up into catastrophic events to the economy.

Clinton said in a speech in Toledo, Ohio, Monday that she would push to eliminate mandatory arbitration clauses from financial products and other consumer and employment contracts, such as those for student loans.

Over on the continent, Brussels are playing hardball with the ECJ issue from the other side, by suggesting it has an arbitration role over whatever deal they sign with Britain.

On the other extreme, in a December 2010 award to the union representing St. Lawrence County sheriff's deputies, an arbitration panel chairman faulted the county's leaders for seeking a wage and benefit freeze from deputies without seeking «even a small sacrifice from County taxpayers or other groups.»

Unless HBO and you agree otherwise, any arbitration hearings will take place either (i) in person in the county (or parish) of the billing address associated with your subscription according to your Distributor, whose records shall be the sole determinant, or in New York, New York, at your option, or (ii) by video conference during which you shall be able to appear from the county (or parish) of the billing address associated with your subscription according to your Distributor, whose records shall be the sole determinant, or any other location of your choosing which has appropriate video conference facilities available.

And Jim and the other supporters had approved fall backs from our initial proposal, essentially isolating Chicago and calling for binding arbitration or or a fact - finding process that wasn't binding but would have a high threshold for unions to approve.

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.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another party.

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).

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.

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.

The arbitrator ordered both sides to split the $ 40,000 cost of the emergency arbitration evenly and ordered both the hotel owners and Trump to refrain from bringing new challenges against each other until the arbitration is sorted out.

While it could be paid for without raising the direct price of energy, the money would have to come from somewhere, and allocation to various nations or other economic units would require a world - wide system of enforceable arbitration and collection, subject to all the usual corruption and mis - allocation known from current government projects, especially those associated with the U.N.

Unlike the position in most civil law and many other common law jurisdictions, the arbitration culture in Australia is far from mature.

They also sought an injunction to restrain the insurers from taking any further steps other than by way of arbitration including requiring them to discontinue the proceedings in Italy.

The statement reflects a decade or more of academic discussion of investment treaty arbitration and it is very encouraging to see the court recognize the point, from which many other issues arise regarding the transfer from of the final authority to determine the legal boundaries of sovereign authority from courts to arbitrators.

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).

Most notably, the landmark decision AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act of 1925 preempts other laws that restrict companies from requiring customers to rely on mandatory arbitration.

Caroline also receives instructions to appear in mediations and arbitrations and receives instructions from other jurisdictions.

In 2009 Caroline successfully represented a client from St Lucia before the Privy Council on an appeal from the High Court in St Lucia.Caroline also receives instructions to appear in mediations and arbitrations and receives instructions from other jurisdictions.

Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the arbitral process by some other means from the court.

a major energy consortium on claims, taxes and penalties brought by a Kazakhstan Government agency in the Kazakhstan courts relating to production from a large Kazakh oilfield and other contractual and investment treaty arbitration claims

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.

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.

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.

Schimmel, formerly a partner at Kelley Drye & Warren LLP and co-Chair of the firm's international arbitration practice, has represented many French and other European companies and individuals, as well as clients from the United States, Canada, Brazil, Israel, and Venezuela in arbitration and litigation proceedings.

We would love to have people from other countries share about what's happening in their respective countries when it comes to online dispute resolution that also includes online arbitration.

Mouhamed Kebe, the firm's managing partner, who specialises in international and investment arbitration, said: «Investment in our region is growing quickly and we know from experience that teaming up with others is needed to ensure quality advice in a globalised world.»

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 legal sector in Asia has grown exponentially and apart from the reliable jurisdictions of Hong Kong and Singapore, there has been a gradual improvement in the quality of lawyers in other jurisdictions and in arbitration laws, assisted materially by the adoption of the UNCITRAL Model Law; some refer to this progression as «the golden age of arbitration».

Handling large, complex litigation matters in federal and state courts, as well as arbitration disputes for clients ranging from start ‐ ups and small businesses to Fortune 500 companies, the lawyers from Taube Summers represent clients in banking, insurance, real estate, securities, technology, energy, manufacturing, construction, professional services, entertainment and other industries.

Graham has recently appeared at all levels in the English courts from the Supreme Court down, offshore and in international arbitrations in London and other arbitration venues around the world.

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.

Robert's experience ranges from restructuring EUR 1.5 billion CMBS structures to international big pharma arbitration and other commercial disputes.

It will bring together experts in international arbitration from the region, among others from Bahrain, Egypt, Saudi Arabia, Lebanon and Kuwait.

He also successfully represented a major US energy company in an LCIA arbitration over off - shore oil rights seated in London, a European company in a fast - track arbitration in Zurich, a major industrial group in an ad hoc insurance arbitration seated in London, a leading European oil company in an ICC arbitration seated in London, a private equity firm in an ICC arbitration seated in Geneva, a US insurance company in an M&A arbitration seated in Paris, and a major multinational capital equipment manufacturer in institutional and other arbitrations in multiple European fora arising from power plant projects.

«I welcome enquiries concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension, and referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and arbitration awards in Ontario.»

For the remaining credits, students may choose additional arbitration and alternative dispute resolution courses, foundational American law courses, and / or any other courses from Miami Law's vast curriculum of 250 + annual lectures, seminars, workshops, clinics, and externships.

The initiative allows talented professors, lecturers and other academics from all jurisdictions to work with our international arbitration team on both professional matters and academic projects and to contribute in general to the intellectual life of the office.

Locke and Lord recruits arbitration partner from Troutman, HSF hires asset finance partner from WFW, and other updates in this week's Asia Appointments table.