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.