Sentences with phrase «seek arbitration of the dispute»

Elliott served the South Korean justice ministry a notice of intent in mid-April seeking arbitration of the dispute, the official said, a step before filing with the International Centre for Settlement of Investment Disputes, a forum to resolve such cases.

Finally, the court determined that Relocation had not waived its right to seek arbitration of the dispute.

Not exact matches

10.1 Any dispute relating in any way to your visit to a Nestlé Waters North America Inc. website or to products or services you purchase through a Nestlé Waters North America Inc. website shall be submitted to confidential arbitration in Stamford, Connecticut, except that, to the extent you have in any manner violated or threatened to violate Nestlé Waters North America Inc.'s intellectual property rights, Nestlé Waters North America Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, and you consent to exclusive jurisdiction and venue in such courts.

exporters can seek mediation or binding arbitration on terms of access in the event of a dispute (if non-exempt)

In the event the parties can not agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute.

So that window is now open to the State of New York, the party in the dispute with the financial motivation, presumably, to seek arbitration.

A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, or by other mail delivery service that provides proof of delivery (e.g., FedEx), a written notice of dispute («Notice»).

d. Exceptions to Negotiations and Arbitration - You and Digital Extremes agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or DE's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

The transaction document typically makes reference to the institutional rules as a whole, and the issue of whether and how Article 35 (6) of the ICC Rules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the award.

A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Lash & Goldberg LLP approaches each of these matters by seeking strategies designed to resolve the dispute as quickly and efficiently as possible, whether by settlement, mediation, arbitration or trial.

(2) No person may bring a proceeding in any court, refer the issues in dispute to an arbitrator under section 282 or agree to submit an issue for arbitration in accordance with the Arbitration Act, 1991 unless mediation was sought, mediation failed and, if the issues in dispute were referred for an evaluation under section 280.1, the report of the person who performed the evaluation has been given to the parties.

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

One of the most important objectives for a party seeking arbitration is to exclude courts from intervening in their dispute.

«(a) If the Dispute is not settled by mediation within sixty (60) days of the appointment of the mediator, or such further period as the Parties to the Dispute may otherwise agree in writing, any party to the Dispute may refer the Dispute to, and seek final resolution by, arbitration under the LCIA Rules, which Rules shall be deemed to be incorporated by reference into this Article.

Mick is much sought after as a conference speaker, not only on all aspects of litigation funding, but also international arbitration, arising from both commercial and investment treaty disputes.

As a litigation funding firm, we invest in commercial disputes brought by businesses, entrepreneurs, investors and shareholders, whether individually or seeking funding for class actions, at all stages of the litigation or arbitration process.

The three defendants sought to stay Haas's action under s. 7 (1) of the Arbitration Act so that the dispute could proceed by way of arbitration, as provided for in the shareholders» agreement.

This clause stated that either party could seek to compel arbitration of any dispute that arose under the terms of the contract.

The Court of Appeal noted that insurance arbitrations are not court proceedings but, rather, are governed by a distinct and defined regime which seeks to efficiently resolve such disputes between insurers and which did not warrant judicial intervention, given that courts and arbitrators do not share the jurisdiction at the first instance.

Once the applicant has established the existence of an arbitration clause and that the clause covers the matters in dispute, the burden of proof shifts to the party seeking to show that the arbitration agreement is null and void, inoperative, or incapable of being performed.

In the spring of 2016, he successfully defended a binding fee arbitration dispute before a three - member commercial American Arbitration Association panel in a case involving a prominent class action attorney who was seeking attorney's fees arising out of a settlement in a high profile Sarbanes Oxley case.

Acquaintance with the legal regime for investment arbitration and case law has now become indispensable for anyone seeking to have a full picture of arbitration or enhance his knowledge in international dispute resolution domain.

Parties considering arbitration of disputes involving IPRs should seek legal advice about the implications of agreeing to arbitrate, particularly in a cross-border context.

Weil successfully represented Forbes Media in a $ 9 million international arbitration with Ukraine - based United Media Holding concerning trademark licensing rights to the Forbes trademark in Ukraine, in which the Ukraine - based Claimants — who were placed on the U.S. sanctions list during the course of the dispute — disputed the termination of the license agreement and sought significant damages.

In the event, the judge found that Levicom would not have dealt with the dispute differently if they had been told in the second letter that while Levicom might seek an order for disposal of the shares in the target companies in the prospective arbitration, the arbitrators might well refuse such relief and Levicom should also therefore claim damages.

Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards.

We seek papers across disciplines such as law, psychology - psychoanalysis, international business management, economics, arbitration, WTO, international investment law and the various areas of «dispute management» - not solely conventional quasi-judicial «resolution» of disputes in litigation.

If you elect to seek arbitration, you must first send to SimplyInsured, by certified mail, a written Notice of Dispute («Notice»).

A New Jersey appellate has considered whether a lawsuit involving a commission dispute between members of a REALTOR ® association should be sent to arbitration when the lawsuit also sought punitive damages.

THIRD PARTY DISPUTES (SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend»).

To avoid costly, lengthy, and often acrimonious court settlements, REALTORS ® have sought, and still seek, to use arbitration as a preferred method of resolving disputes.