With New York's arbitration law set to expire on June 30, Governor Andrew Cuomo's 2013 - 14 Executive Budget included statutory language imposing 2 percent cap on compensation cost increases
resulting from arbitration, defining «compensation» to include health benefits while excluding steps and longevity increments.
Not exact matches
As a
result, on July 1, 2014, Shkreli caused Retrophin to pay Su $ 161,208, representing $ 37,500 in unpaid salary, $ 11,900 in unpaid healthcare benefits, $ 4,100 in
arbitration fees, and $ 107,638 for all the Su Shares (not just those that had originally come
from Shkreli).
We take no responsibility and assume no liability for any claim, action, petition, demand for
arbitration or lawsuit alleging injury or damage
resulting from any use of TWIST, whether arising in tort or contract, law or equity;
FY13 GAAP operating loss of $ 325.4 million includes a pre-tax charge of $ 2,784.1 million
resulting from the conclusion of the
arbitration with Kraft Foods Global, Inc..
FY13 GAAP EPS of $ 0.01 includes a $ 2.25 per share litigation charge
resulting from the conclusion of the
arbitration with Kraft Foods Global, Inc., a $ 0.03 gain on sale of our Mexico joint venture and a $ 0.03 gain on sale of our Chile and Argentina joint ventures.
You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising
from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which
result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION under its Code of Procedure then in effect.
To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an
arbitration panel in a final non-appealable judgment or order to have
resulted solely
from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
Binding
Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising
from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which
result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.
Where the alleged irregularity
resulted solely
from a violation of the law of the place of the
arbitration, recognition and enforcement would not be refused unless that law had been chosen by the parties to govern their procedure.
The place of
arbitration may
result from the choice made by the parties, or by an arbitral institution or the arbitral tribunal.
The shipowners contended that the insurers» claim — arising as a
result of rights of subrogation
from the charterers of the vessel, who also owned the jetty — fell within the
arbitration provision contained in the charterparty.
Successfully represented an international insurer in an international
arbitration against a Venezuelan construction contractor and a Russian shipping company arising
from vessels crashing into a pier at a chemical tank facility,
resulting in millions of dollars in property damage and business interruption losses to the main pier in Puerto Cabello, Venezuela.
From this story I learned that the looming prospect of
arbitration can affect the behaviour of the med - arbiter, the behaviour of the parties, the behaviour of advisers and lawyers, and the creativity of the
result in subtle and not so subtle ways.
Dec. 6, 2017) The case arises
from an
arbitration award won by Leidos, Inc. against the Hellenic Republic
resulting from security work in the 2004...
Represents the Republic of Ecuador in an UNCITRAL Rules
arbitration under the Ecuador - United States bilateral investment treaty with respect to claims by a foreign oil producer challenging an Ecuadorian law establishing State participation in windfall oil profits
resulting from an unforeseen rise in prices.
Judgment on any award
resulting from such
arbitration may be entered by any court having jurisdiction over the dispute.
Further, if the injunction is not granted and random drug and alcohol testing starts, it will create a chaotic situation if the Union is later successful in the
arbitration with the
result that Suncor is prohibited
from continuing with random drug and alcohol testing.
Generally, the change
from a correctness standard to a reasonableness standard will undoubtedly
result in the decisions of arbitrators being granted much greater deference such that greater emphasis will need to be placed on the conduct of the initial private
arbitration itself.
Another recent significant binding
arbitration award achieved by Mr. Jacobs involved a claim of permanent injury
resulting from a failed cervical fusion and an earning loss / injury to earning capacity claim in excess of the million dollar policy limits.
The attractiveness of South Africa as a potential seat of
arbitration, coupled with the increasing levels of investment into the continent
from China, has
resulted in the formation of the China Africa Joint
Arbitration Centre (CAJAC).
The adversarial system can discourage proportionality in
arbitration and
result in over-formalized or «legalistic» processes that are far removed
from the often straightforward workplace problem at issue.
(h) the award was the
result of fraud or corruption by a member of the arbitral tribunal or obtained by fraud of a party or its representatives in the conduct of the
arbitration [distinguished
from fraud with respect to the original dispute being arbitrated].
Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383
Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an
arbitration were not bound by a prior
arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped
from taking certain positions in the current
arbitration as a
result of the prior
arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to
arbitration awards.