Sentences with phrase «provision in an arbitration»

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that «nationality» provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK.

Parties should consider making provision in their arbitration agreement for the applicable arbitral rules, governing law, arbitral seat, language of the arbitration, and number of arbitrators.

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

(b) a provision in an arbitration agreement that no right shall arise until an arbitration award has been made.

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.

If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide arbitration..

Clayton said he requested the review «in response to the recent heightened interest from Congress and others relating to the inclusion of mandatory arbitration provisions in the charters or bylaws of U.S. companies contemplating an IPO.»

YOU FURTHER AGREE TO SUBMIT TO THE PERSONAL JURISIDICTION AND VENUE OF THE COURTS LOCATED WITHIN CONNECTICUT EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION PROVISION PARAGRAPH BELOW.

The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

The Senecas compact, or agreement, with the state has provisions for disputes to be settled in arbitration by a special three - person panel.

Omitting or limiting these core provisions enabled the Chinese government to continue legislating in favour of Chinese state - owned enterprises and avoided recourse to international arbitration by foreign investors.

The provision in question (Section 209.4 of the state Civil Service Law, better known as the Taylor Law) provides for compulsory binding «interest arbitration» of contract disputes involving police and firefighter unions.

In an online message to his members, McManus declared victory — pointing out that the changes to the arbitration law «largely mirror existing provisions and considerations that have been in practice for many years.&raquIn an online message to his members, McManus declared victory — pointing out that the changes to the arbitration law «largely mirror existing provisions and considerations that have been in practice for many years.&raquin practice for many years.»

These includes a proposal for legislation preventing the use of public money in settling sexual harassment claims, removal of forced arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they've carried out.

Employers are also no longer allowed to use a mandatory arbitration provision — settling legal disputes with the business instead of in court — in an employment contract related to sexual harassment.

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

The arbitration provision contained herein shall be self - executing and shall remain in full force after expiration or termination of this Agreement.

The availability of arbitration therefore highlights two additional considerations for would - be reformers: the need to scrutinize state laws governing a contract impasse to ensure that they do not stack the deck in favor of union interests and the importance of raising public awareness of contract provisions that arbitrators might otherwise leave untouched.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you.

This ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borroarbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borrower».

This arbitration provision applies to all Claims now in existence or that may arise in the future.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

The entire agreement between us (this «Agreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees Table.»

In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained hereiIn the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained hereiin this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained hereiin any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

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

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

The parties agree that notwithstanding anything to the contrary, the rights and obligations in this mediation - arbitration provision shall survive (1) termination of this Agreement by either party; or (2) default of this Agreement by either party.

By clicking «Submit Secure Order»: I accept and agree to your Terms and Conditions, including the arbitration provision contained in Section 14.

Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to Collateral Account funds by several parties.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration.

For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Blue Buffalo exclusively in a state or federal court located in Connecticut, and to submit to the personal jurisdiction of the courts located in Connecticut for the purpose of litigating all such disputes.

The Card Member Agreement includes an arbitration provision, which impacts the opportunity to have claims related to the Account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

Your Card Member Agreement includes an arbitration provision, which restricts your opportunity to have claims related to the account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

The lawyer, Charles Harder, told the court that Trump was joining the notice of removal and intended to join a petition to compel arbitration under an arbitration provision in the contract.

His broad appellate practice includes extensive experience in constitutional matters and business issues, with notable recent activity in disputes concerning contractual arbitration provisions.

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

Based on our experience working with clients and other lawyers in Canada, Mexico, and the United States, we are familiar with the sections of NAFTA that are likely to be impacted, including investor - state arbitration provisions, bi-national review panels for trade litigation, and local content requirements for products such as automotive parts.

It is this provision which has allowed courts in the Contracting States to advance many of the most important innovations underpinning the modern system of international arbitration.

Mandatory arbitration provisions in contracts are becoming increasingly common.