Sentences with phrase «parties to an arbitration which»

The Rules allow parties to elect to have a right of appeal to an appeal tribunal for parties to an arbitration which the Centre administers.

Not exact matches

So, in the current labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.

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.

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.

Incidentally, arbitration has to be accepted by both parties, which is exactly the opposite of what happened with Elliott and Argentina.

The court (ICC) in determining the case struck out the Application made to it for arbitration because the court has established that the 2006 contract (signed between Waterville and the Government of Ghana) on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed between Waterville and the Government of Ghana....

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

«(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.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

Pre-dispute arbitration clause: An agreement between the firm and either its customer or its employee which states that the parties to the agreement will subject future disagreements to arbitration.

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.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

The legislature created the status of the parties in a process founded upon a solution to labour relations in a wholly new and statutory framework at the centre of which stands a new forum, the contract arbitration tribunal.

This raises some interesting questions about an arbitration tribunal's authority to allow (or refuse to allow) third party funding and, if it is permitted, the degree to which the tribunal should control the funder's involvement in the arbitration.

So the case is not completely analogous to arbitration, in which the parties clearly can agree to confer jurisdiction over their dispute to the Tribunal.

The arbitration included a contested challenge to jurisdiction, following which the mine owner's parent company was removed as a party to the arbitration.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

For example, the Paris Court of Appeal rejected a challenge to enforcement in which a party argued that the arbitral tribunal had disregarded the «submission to arbitration» by refusing to hold a third hearing following the submission of an expert report.

At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration?

The secondary role of the procedural rules where the arbitration took place was confirmed in a 1979 Report on the Convention by the United Nations Secretary General, which stated that the «priority given to the parties» wishes» under article V (1)(d) «is merely limited by the public policy ground under paragraph 2 (b).»

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

That contract had an arbitration clause contained in it, which stated that the parties agreed to submit any claims between the two to binding arbitration, rather than handling them through the court system.

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

Moreover, by confirming that the public policy objection can not be interpreted broadly, the Supreme Court confirmed that when parties agree to arbitrate their disputes, they may expect that there will be limited grounds on which they may challenge the award and should be ready to accept these consequences of agreeing to arbitration.

International arbitrations are to be decided in accordance with the law to which the parties have agreed.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

This was the case in a challenge to enforcement brought under article V (1)(c) before the Supreme People's Court of China, which found that one of the respondents named in the award was not a party to the arbitration agreement.

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

Where article V (1)(a) concerns the existence of a valid arbitration agreement which is binding on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid arbitration agreement between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to arbitration.

(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.)

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?

«The basic principles by which the Regulation allocates jurisdiction, giving priority (subject to exceptions) to the domicile of the defendant, are entirely unsuited to arbitration, in which the situs and governing law are generally chosen by the parties on grounds of neutrality, availability of legal services and the unobtrusive effectiveness of the supervisory jurisdiction.

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.

Accordingly, the general guidelines provide a useful benchmark against which all legal representatives in LCIA arbitrations will be judged and the obligation on the parties to obtain their lawyers» agreement to comply should ensure that these core values are respected.

An arbitration functions similarly to a trial in which the parties present evidence, testimony and argument to an arbitrator who will then make a final decision on the outcome of the case.

Obtaining a favorable arbitration award that adopted a valuation of shares required to be repurchased by our client under shareholder's agreement that was millions less than the price sought by the opposing party, which was affirmed by the trial court.

Although the parties executed the document, which was entitled «civil mediation agreement,» plaintiffs» counsel wrote to the retired judge to point out that although the document «refer [red] to this proceeding as a «mediation,»» plaintiffs «believe [d] that it is properly an arbitration proceeding for which you will be asked to render an award.»

It is for this reason that many international parties choose to seat their arbitration in the Dubai International Financial Centre (DIFC), which has seen particular growth in recent years.

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.

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).

According to TheJudge's website, «Third - party funders view legal claims as financial assets, in which they may invest in exchange for a return based upon the success of the funded litigation or arbitration.

Another thorny area is that of the dispute settlement procedures included in nearly all BITs, which allows for a private party to bring a claim directly against a State before an arbitration tribunal.

In my experience, insurance claims benefit from some form of ADR, and more and more policies are including clauses which oblige the parties to seek resolution by ADR such as arbitration or mediation.

If you are dealing with a dispute between an individual and his / her firm, or between two warring groups within a firm, it can be hugely damaging to rush off to court, particularly where there is no arbitration clause, which would allow parties to keep their dirty linen out of the public eye.

The Dubai International Arbitration Centre has also confirmed that Dubai Decree No. 57 for 2009 (which established the Tribunal) does not affect disputes where the parties have agreed to have the dispute determined by arbitration although any resulting arbitration award has to be enforced through the Tribunal.