Sentences with phrase «party arbitration process»

It's also easy to see how the league would save a lot of effort and cost by handling the appeals in - house and avoiding a drawn - out third party arbitration process.

Not exact matches

And you're handing over the decision - making process to a judge who gets to impose a decision on the parties, rather than going into negotiation and arbitration, wherein you can find a solution that works for everybody.»

The original deal that Ms. Clifford signed required all parties involved to take any disputes into a private arbitration process.

«Given this complexity, all parties agreed that a final and binding mediation - arbitration process is the best way to resolve outstanding issues,» the department said in a news release.

«(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.

ADR encompasses mediation, facilitation, conciliation, factfinding, mini-trials, negotiation, negotiated rulemaking, neutral evaluation, policy dialogues, use of ombuds, arbitration, and other processes that usually involve a neutral third party who assists the parties in preventing, minimizing the escalation of, and resolving disputes.

Mediation, facilitation, conciliation, factfinding, mini-trials, negotiation, negotiated rulemaking, early neutral evaluation, policy dialogues, use of ombuds, arbitration, and other processes that usually involve a neutral third party who assists the parties in preventing and resolving disputes, when used effectively, will help us resolve potential conflicts and disputes at an early stage and in an expeditious, cost - effective manner.

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.

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.

However, in arbitration the parties have more control over the process.

The parties to an arbitration proceeding can choose the process that is best for their dispute, their circumstances and the width of their pocketbooks.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

What can be accomplished through mediation, or even on the rare occasion arbitration, between the two parties is some sort of collaborative process that allows the parties to cooperate and reach a resolution that is beneficial for the children.

All they do is make sure that you follow the mediation process - if you get a result, great; if you don't then you will have to move on to a form of dispute resolution that has an umpire (like arbitration or litigation) who can compel the parties to a resolution.

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.

Mediation / Arbitration (Med / Arb) is a two - step process whereby the parties first engage in mediation and continue on to arbitration if they can not reach a voluntary agreement.

... An UMP arbitrator has a broad discretion to award party and party costs including reasonable disbursements that are utilized in the subject UMP arbitration process.

The parties agreed that the jurisprudence stemming from the Rules pertaining to costs (now Rule 14) ought to be applied mutatis mutandus to the UMP arbitration process...

Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often international) arbitral tribunal.

It is advisable for parties who have agreed on including an arbitration clause in their contract to provide at least some detail as to how an arbitrator will be selected and the procedures and timelines to be used in the arbitration process.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.

I always prefer arbitration where litigation is required, as the parties have more control over the process and there is less formality.

A party now faced with the prospect of having to arbitrate a dispute may now have a realistic opportunity to avoid that process, if so desired, if there is any reasonable prospect of persuading the Court that the case may be more efficiently resolved by means of a summary judgment motion than an arbitration.

Due to the uncertainty of litigation and arbitration, the claim for which a party is seeking TPF is subjected to a considerable scrutiny process to determine the merits of the claim.

The costs of the arbitration fall into two categories: 1) the costs associated with the arbitral process, namely the arbitrator's fees and those of the administrative body, if any, and 2) counsel fees and the costs of the preparation and presentation of a party's case.

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.

The homologation process might result in the non-enforcement of every single international arbitration award, since the GOCP has established an opportunity for the losing party to oppose the recognition.

And strict time limits in the arbitration clause will help keep the process moving if one of the parties is dragging their feet.

It is a non-binding procedure controlled by the parties and the parties can at any point during the process choose to end the mediation and commence an arbitration or litigation process.

Privacy from public scrutiny that attaches to a court judgment and the ability to tailor the process to meet the needs of both parties and their children is an obvious benefit of BC Family law arbitration awards.

Bernard LLP» lawyers make use of and provide the full range of ADR processes and services, from mediation, through third party neutral evaluation, to arbitration.

An arbitration allows the parties to a dispute to have their case heard in a timely and controlled manner without the delays and costs inherit in a court process.

That process may include going to an arbitration of your claim, where each side presents arguments to an impartial third party and that person makes a ruling on the dispute.

Recognizing the very flexible nature of the arbitration process can assist the parties and their counsel to structure a procedure that best fits their needs based on the particular dispute at hand.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

If you entered into an arbitration agreement with the negligent party, our lawyers can represent you through the arbitration process or possibly have the agreement thrown out and pursue your claim through the courts.

In his speech titled A New Contract between Arbitrators and Parties, Mr. Rivkin offers an analysis of the current situation, as well as suggestions for change aimed to improve time and cost efficiency in the arbitral process; changes deemed valuable also to address current concerns and criticism of international arbitration, not least in an ISDS context.

However it has been more difficult to do this in arbitral proceedings due to the fact that it is an entirely consensual process, originally built to accommodate two parties per arbitration.

As arbitration is a consensual process, it is often not possible to join a new party after the tribunal has been chosen.

In state court, a similar process for alternative dispute resolution is required, but it may take the form of mediation, ENE, binding arbitration or any other method involving a neutral and agreed upon by the parties.

Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process.

The podcast considers how parties can agree to an ADR process in addition to or alongside arbitration (looking at approaches in different jurisdictions and under different arbitral institutional rules), before turning to the complexities of drafting escalation clauses in contracts.

It appears that the ENE process is an ADR hybrid which combines certain elements both of mediation (for example, private caucusing with the parties, confidentiality, informal presentations, settlement objectives) and non-binding arbitration (e.g., the parties and attorneys shall receive a «non-binding evaluation of the matters in controversy by an evaluator»... in other words, an evaluation which measures and grades the relative strengths and weaknesses of each party's case).

Should the mediation process fail to resolve any issue (s), the parties agree to submit any remaining dispute (s) to (binding arbitration)[or](private judging process).

Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any court.

We advise and represent parties at all stages of the arbitration process — from the negotiation of arbitration clauses, to the conduct of arbitration proceedings, to the enforcement or challenge of arbitration awards.

Adjudicative processes include litigation and arbitration and involve an independent third party coming to a final binding judgement on an issue.

The Arbitration Act has no provision for an arbitral appeal, therefore to ensure the process is valid parties must elect in at the commencement of an arbitration.

Parties to an arbitration must elect in to the appeal process at the commencement of the arbitration.

Mr. Sturgeon handles construction matters from initial drafting of construction and design contracts and subcontracts, to advising parties with respect to claims and disputes arising during the design and construction process and their resolution and avoidance, through all facets of the litigation process for claims that proceed to litigation or arbitration.