Sentences with phrase «party arbitration system»

Not exact matches

Mandatory arbitration is an increasingly popular provision in loan agreements that requires parties to resolve disputes through an arbitrator, rather than the court system.

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.

First of all, establishing a centre like the ones in the above - mentioned countries, setting up of a permanent secretariat office with bilingual staff, collecting information regarding international dispute resolution methods, enhancing of facilities (including an arbitration courtroom, arbitrator waiting room, party waiting room) and equipment (including simultaneous interpreting, TV conference system and translation of material) are required.

Given the language of the collective agreement and the Protocol, it is not a reasonable conclusion that the parties intended to give an unlimited discretion to the arbitration board to develop a new workload and compensation scheme to apply to the return to work after the strike on a case by case basis and to have that system operate in conjunction with the rules in Article 11 applicable to the «normal workload.»

London's unrivalled status as a leading arbitration seat can be attributed to the feature of the English law and the confidence commercial and state parties have in the English system.

Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).

The solutions to a dysfunctional arbitration system, according to Chief Justice Winkler, are best left to the parties themselves:

Should this two - track system be adopted, an ODR provider whose platform offers negotiation, mediation and arbitration services as a continuous process (if negotiations fail, the parties move on to mediation, and if that fails, they move on to arbitration) would have to forewarn consumers that the arbitration stage of the process is or isn't mandatory depending on their country of origin.

As we have discussed in previous posts the main point of contention between the USA and most of Europe as well as Canada, has been whether or not ODR, or rather online arbitration, should be mandatory, meaning that parties in cross-border high - volume / low - value transactions would be denied access to the court system of any given country.

Mechanisms should exist for parties to resolve disputes, includ ing access to independent systems of arbitration and conflict resolution;

Mechanisms should exist for parties to resolve disputes, including access to independent systems of arbitration and conflict resolution.