Sentences with phrase «review arbitration decisions»

Even so, we believe strongly that Judge Doty's order is incorrect and fundamentally at odds with well - established legal precedent governing the district court's role in reviewing arbitration decisions.

Not exact matches

So, in the current labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.

In the new collective agreement, DFA secured an expedited arbitration process of 90 days when the president overturns the peer - review decision of the university tenure committee.

Suncor sought judicial review of the arbitration decision.

Instead, an employer or union will be required to apply to the Labour Relations Board if they wish to have labour arbitration decisions reviewed.

The reviewing judge quashed the decision and sent it back for review by the arbitration panel.

The decision establishes new limitations to gaining judicial review of arbitration rulings, a move observers say serves to further reinforce the court's long - standing deference to arbitral awards.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal («ABCA») upheld a judicial review decision which found that the majority of a grievance arbitration panel («Majority Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforceable.

The Alberta Court of Queen's Bench recently granted Suncor Energy Inc.'s application for judicial review and quashed an arbitration award about Suncor's decision to institute a random drug and alcohol testing policy for certain employees.

The 1st Circuit reviewed the decision de novo and recited the well established principal that arbitration awards are rarely disturbed by reviewing courts, but that there are instances when justice so requires.

I can review the contracts and discuss important features such as arbitration clauses, forum - selection clauses, insurance requirements, indemnity provisions, and similar language so that you have a full understanding of what's happening and can make an informed decision.

Once we ha had a chance to review the merits and background of your situation, we will take the time to advise you about your options for a negotiated settlement, such alternative dispute resolution techniques as mediation or arbitration, and all of the practical considerations that should inform your decision to take a claim or defense to court.

In coming to its decision, the Court of Appeal held that the administrative law framework set out in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 applied, rather than the «appellate» framework, as an appeal of an insurance arbitration reviews the decision of a non-judicial decision maker.

On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate [1] and changed the correctness standard of review for appeals from private arbitrations to one...

That means a court can't review or overturn the arbitrator's decision except in very limited circumstances, for example, when fraud or misuse of power were involved or when the arbitration clause was unconscionable.

It is literally a textbook or checklist for the interpretation of contracts and the review of arbitration decisions.

The LCIA have reviewed how experts» wide - ranging disciplines are used in international arbitration and how experts can be used to promote more effective and efficient decision making.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties» collective agreement and the Ontario Human Rights Code.

To try correctly judicial review of arbitration cases according to law and guarantee a unified yardstick for judicial decision - making, protect the legal rights of parties, promote the healthy and orderly development of arbitration matters and the establishment of a diverse dispute resolution mechanism, we notify the various levels of the people's court handling judicial review of arbitration cases of the following:

Louis Flannery reviews two important appellate decisions showing judicial support for arbitration

On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory arbitration agreements between employees and...

The ECJ decided that because arbitration tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.

In their Second Circuit Review column, litigation partners Martin Flumenbaum and Brad Karp address three recent decisions interpreting arbitration clause enforceability in both the consumer and employment contexts.

Appeals of ethics Hearing Panel decisions based on an alleged procedural deficiency or failure of due process, and procedural review of arbitration hearing procedures shall be determined based on whether the effect of the deficiency was to deny the appellant a fair hearing.

If the arbitration award is confirmed by the Board of Directors following the conduct of the limited procedural review, the nonprevailing party shall have an additional fifteen (15) days from the transmittal of the Directors» decision to institute an appropriate legal challenge to the validity of the arbitration award.

of REALTORS ®, the Court of Appeals of Washington reviewed a trial court decision confirming a Board arbitration award.

In 1982 the Rhode Island Supreme Court reviewed a trial court's decision to vacate a Board arbitration award.

The court addressed the standard of review for: (1) arbitration proceedings, and (2) appeals from judicial decisions thereon.

In Berthod REALTORS ®, Inc. v. J.W. Riker - Northern Rhode Island, Inc., the Supreme Court of Rhode Island addressed its standard of review for arbitration hearings and trial court decisions thereon.

In Johnson & Co. v. Schuberth, the Appellate Court of Illinois reviewed a trial court decision confirming a Board arbitration award.

The materials presented to the Hearing Panel when the Hearing Panel made its decision to dismiss together with any party's written rationale challenging the panel's reasons for dismissal and the dismissal itself will be presented to the appeal panel comprised of a minimum of five (5) members (who did not previously sit in review of the arbitration request) from the parties» Boards to be appointed by the Boards» Presidents.