Sentences with phrase «referring disputes to arbitration»

This originates mainly from the fact that these companies use their tried and tested contract templates from Hong Kong, often referring disputes to arbitration proceedings there.

Entering an arbitration agreement entails not only a positive right to refer disputes to arbitration, but also a negative obligation on contracting parties not to bring proceedings in any other forum.

The construction contract contained a three stage dispute resolution process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer the dispute to arbitration pursuant to the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.

While arbitration is the preferred dispute resolution method overall and while most contracts refer disputes to arbitration, most disputes that materialize are tried in litigation.

Not exact matches

It is not clear whether this refers to the dispute mechanism system, which has been used successfully by Canada to fight off duties on lumber and steel products, or the more controversial Chapter 11 arbitration system that allows foreign investors to directly sue NAFTA governments for compensation.

Under the agreement, disputes involving these clauses must be referred to Australia's Fair Work Commission for arbitration.

ADR refers to any means of settling disputes outside of the courtroom and typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.

Disputes arising out of, or in connection with this contract that can not be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered independently by the Chartered Institute of Arbitrators.

Dear Marco, the international «investment» law - perspective refers to the point the post tries to make: that it is a plausible argument that there is room for investment arbitration in the single market because many investment disputes deal with exclusively domestic measures.

Nonetheless, the enactment of the Arbitration Law will give foreign investors confidence that if they agree to refer disputes to international arbitration outside Myanmar, an award may be enforced by the Myanmar courts under the Arbitration Law.

The Court pointed out that there is a «very strong legislative direction» under our arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

Acting in disputes referred to LCIA arbitration concerning the sale of assets relating to a grain terminal in the Ukraine.

The High Court also had difficulty interpreting the requirement that any dispute referred to arbitration under the Investment Protocol had to concern an «obligation» of the host State which existed «in relation to» the purported investment.

However, parties can still refer any dispute to ICSID (or another arbitration institution) if it is provided for in the applicable BIT or arbitration agreement, and ICSID awards are immune from challenge by local courts.

Perhaps the single most effective way to avoid the uncertainty of what cross-border litigation will look like after the next two years is to take the Court out of the equation and agree that any disputes should be referred to arbitration.

The Court will have no jurisdiction to resolve a dispute where the parties have agreed that disputes must be referred to arbitration (although the Court of the seat of the arbitration will be able to determine questions of jurisdiction).

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.

Mediation / arbitration is a well recognized legal term of art referring to a hybrid dispute resolution process in which the named individual acts first as a mediator and, failing agreement, then proceeds to conduct an arbitration.

(a) the insured person may bring a proceeding in a court of competent jurisdiction; (b) the insured person may refer the issues in dispute to an arbitrator under section 282; or (c) the insurer and the insured person may agree to submit any issue in dispute to any person for arbitration in accordance with the Arbitration Act, 1991.

(2) No person may bring a proceeding in any court, refer the issues in dispute to an arbitrator under section 282 or agree to submit an issue for arbitration in accordance with the Arbitration Act, 1991 unless mediation was sought, mediation failed and, if the issues in dispute were referred for an evaluation under section 280.1, the report of the person who performed the evaluation has been given to the parties.

If the Customer's proposal is not acceptable to the Service Provider, then the issue is resolved by «baseball arbitration», i.e. the dispute is referred to a single arbitrator who chooses one of the two proposals as the basis for compensating the Service Provider.

The Court pointed out that there is a «very strong legislative direction» under the arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

The buyers cancelled all 11 shipbuilding contracts and the disputes were referred to 11 arbitrations which were all heard together over a three week period.

Most disputes over how fees have been used or whether they've been earned are referred to the Legal Fee Arbitration Committee of the Colorado Bar Association, or to a different arbitration forum, mediation or the civil courts.

The dispute was referred to arbitration and on 16 September 2002 the arbitrator found for the owner on the issue of liability.

«(a) If the Dispute is not settled by mediation within sixty (60) days of the appointment of the mediator, or such further period as the Parties to the Dispute may otherwise agree in writing, any party to the Dispute may refer the Dispute to, and seek final resolution by, arbitration under the LCIA Rules, which Rules shall be deemed to be incorporated by reference into this Article.

If the dispute can not be settled within 30 days after the mediator has been appointed, or such other period agreed to in writing by the parties, the dispute shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre, pursuant to its Rules.

All disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre.

«MV Gallant»: appeared on behalf of shipowners in German arbitration (Hamburg), in relation to charterparty dispute referred to arbitration subject to the Rules of the German Maritime Arbitrator's Association.

In 2011, the dispute was referred to arbitration administered by the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation («ICAC «-RRB-.

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules.

Our lawyers represented a pharmaceuticals company defending a US$ 12m claim for damages in a dispute about an allegedly defective medical device supplied under a Swiss law contract, referred to ICC arbitration in London.

Victory in complex oil refinery and pipelines dispute In one of the longest running and most technically complex cases to be referred to the International Chamber of Commerce (ICC), we obtained a major victory for our client, an Asian contractor, in a US$ 1.4 billion Spanish - language arbitration relating to the construction of an oil refinery and pipelines in Latin America.

If such a dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce («ICC Arbitration Rules»)....

The legislation would require that the disputes over working terms and conditions be referred to binding arbitration.

I found that many business contracts include a «boilerplate» dispute resolution clause which usually dictates that disputes will be referred to arbitration.

Most building contracts contain dispute resolution clauses which refer to arbitration.

Businesses are increasingly involved in international transactions which require that disputes be referred to arbitration.

Due to the growth of international commercial activity many disputes are now referred to international arbitration.

Representing a member of a European banking consortium in a post-acquisition dispute in the financial services sector referred to ICC arbitration in Paris.

Most international joint venture agreements require that the parties to refer disputes to international arbitration.

In case of Yograj Infrastructure (supra) Supreme Court has held that, in the said matter the parties had agreed that all the disputes, differences shall be referred to arbitration and proceedings shall be in accordance with Singapore International Arbitration Rules and the arbitration shall take place in Singapore.

Section 275 (4) of the Act requires insurers to refer any unresolved priority dispute to arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17.

27.1 All disputes, differences arising out of or in connection with the Agreement shall be referred to arbitration.

For arbitration agreements, there is very strong legislative direction under the ICAA and the AA that courts should only decline to refer a matter to arbitration if the dispute falls outside the arbitration agreement.

In 2013, the oil and gas industry, and the broader energy and resources sector, were the two most active sectors for LCIA arbitrations, respectively accounting for 15 % and 7 % of disputes referred to the institution.

For any dispute or difference shall arise as to the quantum to be paid under Policy (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator to be appointed in writing by the parties to or if they can not agree upon a single arbitrator within 30 days of any part invoking arbitration, the same shall be referred to a panel of three arbitrator, comprising of two arbitrator, one to be appointed by each of the parties to the dispute / difference and the third arbitrator to be appointed by such two arbitrators and arbitration shall be conducted under and in accordance with the provision of the Arbitration and Conciliation Act, 1996.

If the complaint against the REALTOR ® principal is that, having properly submitted a dispute to arbitration, he has refused to abide by an award, such refusal should not be referred to the Grievance Committee as a violation of the Code of Ethics unless such refusal reflects an established pattern or practice of noncompliance with the commitment to arbitrate.

NOTE: If a Board requires REALTORS ® (principals) to mediate otherwise arbitrable disputes, there can be no allegation of a violation of Article 17 if a party refuses to mediate unless an arbitration request has been filed, the Grievance Committee has referred the arbitration request for hearing on a mandatory basis, and the party then refuses to mediate.

The request (whether for arbitration or mediation) will be referred to the Grievance Committee for a determination of whether the dispute is properly arbitrable.