Sentences with phrase «party at an arbitration»

«[E] ven if an out - of - State attorney's representation of a party at an arbitration proceeding in Massachusetts might constitute the practice of law, this conduct does not provide a basis to vacate the arbitration award, and, as such, the plaintiffs are not entitled to relief.»

An Arizona trial court has considered whether a REALTOR ® association has the power to discipline a member who was the nonprevailing party at an arbitration who then refused to escrow the funds while appealing the decision, as required by the Association's bylaws.

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.

«If the parties agreed to binding arbitration, they have waived their right to file a lawsuit,» said H. Christopher Bartolomucci, a law partner at Kirkland & Ellis in Washington who previously worked in the White House as associate counsel to President George W. Bush.

On March 16, Uber countered that it should be not party to the lawsuit and instead argued that it would request that Waymo seek binding arbitration with Levandowski over the matter since those were conditions of his employment contract with Google at the time.

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.

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.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Phoenixville, PA, under the rules of the American Arbitration Association or as otherwise agreed by the parties.

Any in - person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties.

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 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.

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.

In my previous column, I looked at the growth of third party litigation (and arbitration) funding in Canada and discussed whether an arbitration Tribunal has any jurisdiction to control the involvement of funders.

The law of the country where the arbitration took place plays only a subsidiary role in the event that the parties have not reached an express or implied agreement on the procedural point at issue.850

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

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 arbitrator was highly critical of the conduct of the Respondent in the arbitration, stating that the Claimant was at a clear financial disadvantage and was faced with no alternative but to seek third party funding because the Respondent:

43.1 (1) At any time on or after the day that is 45 days after the Minister makes an appointment under subsection 43 (5), if the parties have not entered into a collective agreement, either party may apply to the Board to direct the settlement of a first collective agreement by mediation - arbitration.

«By introducing ethical principles and endorsing the IBA Guidelines on Party Representation, the Court aims at ensuring that the highest standards of honesty and professional conduct are abided with by all participants in the arbitration.

As such, the decision provides a strong signal to the arbitration user community that the English courts are — at least in this context — likely to adopt a more «common sense / purposive» and less literal approach to contract terms when seeking to ascertain the parties» intentions.

The court noted that while plaintiff's claim fails within the very broad scope of the arbitration at issue (he was an employee of the party that signed the contract and he was also a user of the equipment), but the court held persons are not normally bound by an agreement entered into by a corporation when they have an interest or are employees.

In confirming the award, the motion judge concluded that although at times the parties» use of the words «arbitration» and «mediation» in the record had been inconsistent, there was no question but that the parties engaged in binding arbitration before the retired judge.

Case management conferences between tribunals and parties have been utilized as a common tool by tribunals under all sets of rules, case management conferences are used at the commencement of an arbitration to lay out a procedural framework and timetable for each arbitration.

The court will only grant permission if the matters at stake in the arbitration are sufficiently important to the parties and the determination of the legal issue will significantly affect the parties» rights.

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.

Currently, around 20 % of the international arbitration cases heard at SIAC involve at least one Indian party but India is hoping to have these cases heard at the MCIA in the future.

In all but one group, the med - arbiter implemented a model in which either party could, at any time, declare that it was an arbitration and obtain a decision.

Harbour provided extensive input when Singapore, Hong Kong and Dubai considered legislation around third party funding and the team is continuously invited to talk about funding at arbitration forums and litigation conferences globally.

In addition to whatever rights you may have to recover your attorneys» fees under applicable law, if you prevail in the arbitration, and if the FTS Party failed to make a settlement offer to you before the arbitration or the amount you win is at least 25 % greater than the FTS Party's highest settlement offer, then the FTS Party will pay your reasonable attorneys» fees in addition to the amount the arbitrator awarded.

Mark Hartigan, Client Services Director at Just Costs Solicitors, said: «Cost management of disputes following Jackson's reforms has become an increasing focus for parties in arbitration and litigation situations, both funded and unfunded.

In state court and arbitration, the trial judge or the arbiter often encourages the parties to exchange trial exhibit documents and agree on their admissibility or at least focus on meaningful objections for only a few documents.

Peter Oliver has been elected at the behest of the EU to serve a three - year term as a member of the Aarhus Convention Compliance Committee, a tribunal of arbitration whose decisions acquire legal force when endorsed unanimously by the Contracting Parties.

In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides» arbitration fees and may order the losing party to pay the winning party's reasonable attorneys» fees, unless such an award of fees is prohibited by applicable law.

«The possibility to have disputes resolved independently and locally can only be a positive development in offering parties choice and flexibility,» says Thomas Kendra, a senior associate at Hogan Lovells and one of the KIAC board members who helped to prepare and draft the KIAC's arbitration rules.

At a non-binding arbitration, both parties present their cases as they would in mediation.

Once constituted, the tribunal will invite parties to the first procedural hearing at the (usually neutral) seat of hearing (often jurisdictions with favorable arbitration laws and culture such as New York, London, Paris, Geneva and Singapore), where the calendar and procedural order for the next steps will be established.

«We need not decide in this case whether an out - of - State attorney's representation of a party at a Massachusetts arbitration proceeding constitutes the unauthorized practice of law.

Article II (3) provides that a court of a Contracting State, when seized of a matter in respect of which the parties have made an arbitration agreement, must, at the request of one of the parties, refer them to arbitration (unless the arbitration agreement is invalid).

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.

After the appellants failed to appear at the German arbitration and the Ontario application to enforce the German arbitral award, the appellants finally responded by bringing this appeal based on a technical argument under Article 35 (2) of the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which required the party relying on the foreign arbitral award to supply a certified copy of the original award to the application judge.

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.

No party had argued at arbitration for a plain language reading of «year of service».

If a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.

The Secretariat, following the commencement of the arbitration, and at such times as it thinks appropriate, may request the parties to deposit an equal amount, or amounts in such proportions as it may determine, as an advance for the costs referred to in article 40, paragraphs (a), (b), (c) and (f).

Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case.

Where institutional rules contain a mechanism for the appointment of an emergency arbitrator, the parties remain at liberty to opt out of that mechanism if it prefers a court's decision to support the arbitration.

Robert Rothkopf speaks about allocation of third party funding costs in international arbitration at ICC YAF Conference in Zurich on 30 June 2017.

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.

The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties.

The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»