Sentences with phrase «second arbitration agreement»
The motion judge reasonably concluded that the second arbitration agreement was intended to be a stand - alone agreement governing the arbitration and the appeal rights from the award.
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For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.
«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.
The Court determined that the arbitration clause in the first agreement was not applicable because the second agreement superseded the first and because no allegations were made with respect to the first agreement.
The second employment agreement did not contain an arbitration clause, although it did contain a clause purporting that the contract was the «entire agreement» between the parties.
The dissent then sided with the Second, Fifth, and Eighth Circuits» conclusions that «the NLRA does not invalidate collective action waivers in arbitration agreements,» asserting that such decisions were consistent with Supreme Court precedent.
If the courts are reluctant to enforce arbitration agreements or awards, or quick to second - guess arbitrator's decisions, on the basis that the arbitration process lacks some of the procedural protections offered by those courts, then arbitration will inevitably come to look more and more like litigation.
When the first instance court makes a ruling which relates to the validity of an arbitration agreement relating not to accept, to reject a filing or objection to jurisdiction, and a party disagrees with the ruling and appeals, the specialized trial division of the second instance court should handle it.
The second is the law which governs the arbitration agreement.