Sentences with phrase «rely on arbitration»

To avoid expensive court litigation and ensure a fair playing field in disputes with foreign companies or governments, many corporations rely on arbitration clauses.

Summary: The appellant appealed the dismissal of Swedish court proceedings, alleging that the counterparty waived its right to rely on the arbitration agreement by failing to pay its share of...

Not exact matches

It is interesting that, in finding no such reasonable doubt in this case, the court relied heavily on an affidavit submitted by Mr. Haigh describing his relationship with the firm, and the ongoing conflict checks he conducted which did not disclose the relationship between the firm's client and the claimant in the arbitration.

[3] This latter concern, in turn, relies on the idea that EU law provides (through the medium of member state courts) such effective remedies and that by transferring disputes to investment arbitration (or by creating the possibility of such transfer), something short of full effectiveness follows.

Investors will have to choose between relying on domestic law before domestic courts, lobbying their home - state to launch state - to - state dispute settlement or to use the less transparent private commercial arbitration.

Most notably, the landmark decision AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act of 1925 preempts other laws that restrict companies from requiring customers to rely on mandatory arbitration.

In these cases our litigation team relies on its experience in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of it.

You need to ensure that, if a dispute should arise and your client should ever need to enforce his rights in court or through arbitration, he would be able to do so by relying solely on the wording of the contract.

Confidential LCIA arbitration (2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

We also provide cost - effective, efficient representation in arbitrations under collective bargaining agreements, relying on our extensive litigation experience to achieve favorable results for our clients.

Potential gaps or serious fairness issues in arbitration clauses may prevent employers from relying on them and allow employees to seek recourse through the courts in spite of the clause.

He says practices relying on merger and acquisition and transaction work look most vulnerable, while those focusing on litigation, private client, arbitration or insolvency will fare better.

Rely on our Construction practice — experienced in all methods of dispute resolution: litigation, arbitration, adjudication and mediation — to provide the full range of legal services in the area of construction and real estate law.

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.

On the other hand, even though it relies on procedural rules that are essentially the same as those made for arbitrations between private parties, investor - State arbitration differs from typical commercial arbitratioOn the other hand, even though it relies on procedural rules that are essentially the same as those made for arbitrations between private parties, investor - State arbitration differs from typical commercial arbitratioon procedural rules that are essentially the same as those made for arbitrations between private parties, investor - State arbitration differs from typical commercial arbitration.

ICBC relied on section 142 of the Insurance (Motor Vehicle) Act and said this section requires such disputes to be dealt with by mandatory arbitration.

LCIA arbitration (confidential)(2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

At arbitration, State Farm relied on a prior decision (by the same arbitrator) named Pafco v. Cumis (2014), wherein the arbitrator held that the excluded driver claimant was an «insured person» because his name appeared on the Certificate in that case as a driver.

However, the Disciplinary Board does rely on county bar associations to assist in certain functions, such as providing mediation or arbitration in Fee Dispute matters.

Our U.S. clients in particular have found it more cost - effective to retain Perkins Coie to develop the evidence for international arbitrations rather than relying exclusively on international counsel located in high - priced markets.

Two former class counsel, Daniel Wolf and Maia Caplan, argued the arbitrator was wrong to rely on representations made to the California judge related to fees, since the plaintiffs lawyers had privately agreed that what they filed with the court wouldn't be binding in arbitration.

This landmark publication — being developed by arbitrators, practitioners, scholars / academics, and judges from around the globe, scheduled for release in 2019 — covers virtually every aspect of international arbitration law, and will be relied on by arbitral institutions, arbitrators, counsel, parties, and judges worldwide for decades to come.

The fact that the Court relied upon access to justice in itself has very little bearing on the broader question of binding arbitration.

The defendants collectively moved to stay the Plaintiff's claim, relying on a forum selection clause in the ESA which stated: «The contractual parties agree that German law is binding and to settle any disputes by a binding arbitration through the «Industrie und Handelskammer» (Chamber of Commerce) in Frankfurt.»

Authors» view: as discussed above, if the issue is governed under administrative law, then even if the parties agreed to arbitration or civil litigation in the PPP agreement, the agreement will not be binding and the parties must rely on administrative remedies.

Levicom claimed that it had relied upon Linklaters» early advice, bringing arbitration proceedings shortly afterwards which were subsequently settled on unsatisfactory terms three years later, after having obtained (rather more pessimistic) advice from leading counsel.

If you want to arbitrate in any other state, your lawyer has to rely on general arbitration statutes that may not exactly fit family law cases.

While this might be beneficial, at least in the sense that the non-prevailing party might understand, if not appreciate, the basis on which the award was based, there has been an on - going concern that, given the task of comprehensively and accurately articulating all of the acts and factors that are taken into account by an arbitration panel in rendering its award, there might be an understandable (and possibly unavoidable) tendency to oversimplify or generalize the basis on which an award was made, with the resulting explanation or rationale or «findings», whether written or oral, being relied on by the non-prevailing party (and likely by others) as «precedent» to be introduced and relied on at future arbitration hearings.