Sentences with phrase «requiring arbitration of disputes»

Others have inserted in their agreements with their dancers clauses requiring arbitration of disputes.
KBR contends that Jones» employment agreement requires arbitration of all disputes arising out of employment with the company.
The Challengers next claimed that Article 17 only required the arbitration of those disputes listed in the Board's arbitration procedures, and the Board's procedures only required the arbitration of contractual disputes.

Not exact matches

State rules, including a law requiring binding arbitration to resolve contract disputes with police and fire unions, inhibit cities from cutting some of their biggest costs, she said.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
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.
BECAUSE YOUR PURCHASE AND USE OF OUR PRODUCT REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING, EXCEPT FOR SMALL CLAIMS COURT.
Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association («AAA»), including the AAA's Supplementary Procedures for Consumer - Related Disputes.
Banks often include language that requires disputes must be settled through arbitration instead of jury trials.
At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.
This authentic exercise requires students to act as advocates, analyzing and arguing both sides of a hypothetical legal dispute, using procedures modeled after those employed before real - life international arbitration tribunals.
He did so in the face of the arbitration clause requiring all disputes to be determined by arbitration in the Netherlands.
10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;
First of all, establishing a centre like the ones in the above - mentioned countries, setting up of a permanent secretariat office with bilingual staff, collecting information regarding international dispute resolution methods, enhancing of facilities (including an arbitration courtroom, arbitrator waiting room, party waiting room) and equipment (including simultaneous interpreting, TV conference system and translation of material) are required.
The issue is whether a medical specialist may submit that dispute to the council of arbitration established by s. 54 of the Health Insurance Act or whether only the medical specialist's representative association has the interest required.
In particular, the plaintiffs claim that the arbitration agreement that Uber drivers are forced to sign is in contravention of the Employment Standards Act and unfair, as it requires class members to travel to Amsterdam, Netherlands to resolve their disputes.
As well as a number of ongoing, confidential, arbitrations and complex enforcement disputes, James will be heading to the Supreme Court in February 2017 to challenge the power of the English courts to require security before an award debtor can resist enforcement on public policy grounds.
It requires understanding arbitration not only as a dispute settlement mechanism, but also as a form of global governance; understanding arbitrators not only as agents of the parties, but also as trustees of the international community; interpreting investment treaties in light of their global implications; and increasing transparency and third - party participation.
Certainly, one could argue that public law adjudication requires a certain adjudicatory structure, such as the presence of an appeals mechanism and permanent courts with tenured judges; yet, this disregards that arbitration is not an infrequent mode of settling disputes between public law bodies and private actors also at the purely domestic level, and is obviously accepted under the constitutional provisions of the legal systems involved.
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.
In state court, a similar process for alternative dispute resolution is required, but it may take the form of mediation, ENE, binding arbitration or any other method involving a neutral and agreed upon by the parties.
This agreement contains a mandatory individual arbitration and class action / jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.
For example, in TM Delmarva Power v. NCP of Virginia, the Supreme Court of Virginia held that the parties» use of the word «may» in the dispute resolution provisions of their construction contract required mandatory participation in arbitration at the election of one of the parties.
In Accentuate Ltd v ASIGRA Inc. [2009] EWHC 2655, however, the High Court suggested that an arbitration agreement will be considered «null, void and inoperative» if it purports to require the submission of disputes governed by mandatory EU law to an arbitral tribunal seated in a non-EU state applying non-EU law.
The issue was whether a medical specialist, as an individual, may submit that dispute to the council of arbitration established by s. 54 of the Health Insurance Act or whether only the medical specialist's representative association, the Fédération des médecins spécialistes du Québec, has the interest required.
However, often the dispute is required under the language of the franchise agreement to be resolved by private arbitration, outside of the court system (see existing and future blog posts in the Law Works Franchise Blog about franchise arbitrations).
However, in Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation, the High Court considered whether the arbitrator possessed «the qualifications required by the arbitration agreement» under Section 24 (b) of the Arbitration Act 1996 in an insurance dispute arising out of the 9/11 attack in New York.
We can offer advice as soon as issues first arise and if required can advise on all types of formal dispute resolution including adjudication, arbitration, court proceedings and mediation.
Management of mega-construction disputes in the international arbitration arena do require special skill sets and, accordingly, we generally look for outside counsel who are experienced in that environment but who can also bring a practical and value - based perspective.
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.
Except to the extent that arbitration is required in Section 13.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Austin, Texas.
Enforcement of the Code of Ethics also requires Member Boards to provide mediation and arbitration services to members and their clients so that the dispute resolution requirements of Article 17 of the Code of Ethics can be met.
Connecticut law requires that matter be sent to arbitration if the parties had agreed to do so, since Connecticut favors arbitration of disputes.
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.
Mediation must be available in instances where arbitration would be provided under Part Ten, Section 44 of this Manual and a Board can require REALTORS ® (principals) to mediate otherwise arbitrable disputes pursuant to Article 17.
Mediation can resolve disputes, promote amicable resolutions, and reduce the number of cases requiring the more formal and complex arbitration procedures of the Board, thus reducing the time and effort required of Board Members serving on the Professional Standards Committee.
The Appellate Court of Illinois held that issues between Board members required arbitration, but that disputes between...
They typically forbid clients from starting class action lawsuits, they keep disputes private, the costs to file an arbitration are often outrageous and many of these clauses require you to use an arbitration firm under contract with the broker.
The first prohibits the inclusion of clauses requiring the consumer to submit disputes concerning a residential mortgage loan or home equity line of credit to binding arbitration.
(1) It is a dispute as defined and for which arbitration is required by Article 17 of the Code of Ethics, and
If the dispute is not resolved through mediation, or if mediation is not required, REALTORS ® shall submit the dispute to arbitration in accordance with the policies of their Board rather than litigate the matter.
Refusal to Arbitrate: In the event a complainant alleges that the respondent has improperly refused to submit a dispute to arbitration (or to mediation if the respondent's Board requires REALTORS ® [principals] to mediate otherwise arbitrable disputes pursuant to Article 17), * the allegation shall be brought before a tribunal of five (5) members selected by the Board President from members of the respondent's Board of Directors.
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