Sentences with phrase «party in an arbitration»

Does this mean that parties in arbitration must disclose all of their potential witnesses (and the arbitrator disclose any prior contacts with those witnesses) as soon as they have been identified?

926 A German court has also considered that the participation of a party in an arbitration without raising any objection may be construed as an implicit agreement with the procedural rules applied by the tribunal.927

Under this principle, the successful party in the arbitration can recover all of its costs from the unsuccessful party.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

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.

Accordingly, the court will, under institutional rules, have to decide whether an emergency arbitrator would be able to act effectively for the purposes of section 44 (5) before the court is able to assist a party in arbitration.

de Villars Jones lawyers are available to act as arbitrators or as counsel to parties in an arbitration.

Can a paralegal represent a party in an arbitration?

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.»

Using the same provision, Cruz City 1 Mauritius Holdings («Cruz City»)(represented by White & Case) recently obtained an order requiring the losing parties in an arbitration to disclose their assets worldwide, to assist Cruz City in enforcing against these parties arbitral awards of US$ 298 million.

Notwithstanding the permissive language of Article 16 (3) of the Model Law, which states that «[i] f the tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days... the court... to decide the matter» [emphasis added], in light of the Singapore High Court's decision, parties in arbitration would need to ensure that they adhere to the 30 - day period in Article 16 (3) of the Model Law if applicable.

While the decision is being appealed to the Singapore Court of Appeal, it nevertheless presents an interesting development in Singapore's arbitration jurisprudence and serves to caution parties in arbitration to adhere to the 30 - day period in Article 16 (3) of the Model Law if applicable.

Acted as counsel to a party in an arbitration of delay claims and additional cost claims arising from the dismantling of an oil refinery in British Columbia.

In the UAE mainland, the Federal Code of Ethics apply to (i) all advocates practising in the UAE, (ii) all legal consultants practising in the UAE, (iii) all law firms licensed in the UAE, (iv) all foreign advocated and legal consultants temporarily authorised to provide services in the UAE; and (v) the representatives of parties in the arbitration centres licensed in the UAE.

First, the fact that a party in arbitration does not prevail is in no way an indication that the non-prevailing party behaved in anything other than an ethical manner.

It is not uncommon for a non-prevailing party in arbitration to request an explanation or justification of a hearing panel's rationale for making an award.

A federal appeals court has decided that an arbitrator's failure to disclose his minimal contact with the attorney of the prevailing party in an arbitration doesn't change the validity of the decision.

A federal appellate court has considered whether an arbitration award should be vacated because an arbitrator failed to disclose that he had served as co-counsel in a lengthy litigation matter with one of the attorneys who was now representing one of the parties in the arbitration.

If you're the losing party in an arbitration proceeding, you have to pay the prevailing party within 10 days.

Not exact matches

Lawyers for Ailes and Carlson appeared in court in New Jersey as a federal judge sought to plot the course of the lawsuit in the wake of «rapid fire» motions from the parties, include Carlson's motion to block Ailes» attorneys» request for arbitration.

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.

«We intend to pursue our recourse in the context of the arbitration as agreed to by the parties and continue to categorically refute the claims alleged by Ms. Clifford and her counsel,» Rosen said.

«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.

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 case differences arise between a husband and his wife, relatives of both parties should serve as a committee of arbitration.

Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm.

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.

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.

He also served as the state's representative in 2013, the last time the two parties sought arbitration.

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....

So that window is now open to the State of New York, the party in the dispute with the financial motivation, presumably, to seek arbitration.

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.

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

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.

Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

This provision shall not prevent either party from filing a petition in court to confirm an arbitration award.

The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

«(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.

Any district court that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration.

«(1) TIME FOR FILING DEMAND - Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court.

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.

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.

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 a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

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.

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 WyominIn 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 Wyominin 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 Wyominin 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 Wyominin 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 Wyominin accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyominin and to be performed in Wyominin Wyoming.