Sentences with phrase «set by arbitration»

The present case arose from a lease under which the renewal rent was to be set by arbitration if the parties could not agree on the amount of the renewal rent.

Not exact matches

Management fears a wage pact, now in arbitration, could breach the limit set by Virginia and Maryland.

Ousted Uber CEO Travis Kalanick has hired a new set of lawyers who are seeking to move the lawsuit brought by Benchmark Capital to arbitration instead of to a courtroom.

Governor Andrew Cuomo said on Jan. 30 that if the city won't get to a teacher evaluation agreement with the UFT by a set date, he will direct the State Education Department to set up a binding arbitration process that will get the two sides to an agreement.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

In the meantime, nearly 30 cases have already been decided by the arbitration system set up by the law, the latest coming down this week against a Cumberland County vocational high school teacher accused of shoving a student.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND BLUE BUFFALO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS - WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.

However, there are also a number of people within the London arbitration community who consider that the effect of losing the ability to issue anti-suit injunctions has been grossly exaggerated and that London's popularity as a set for international arbitration will not be diminished by the ruling of the ECJ.

It restricts intervention by the courts by expressly providing that the courts may only intervene in arbitration proceedings in relation to the matters set out in the Arbitration Law.

At the same time, the Arbitration Law sets out the circumstances in which the courts may support and supervise the arbitral process by, for example, granting orders in relation to interim measures, the taking of evidence and staying court proceedings in favour of arbitration.

To the extent that the arbitral award is not covered by a valid arbitration agreement, it will most certainly be set aside.

The Uniform Arbitration Act (1990), in force in six provinces (and passed years ago in PEI but never proclaimed in force), sets out what were then modern rules for the conduct of arbitrations, with powers of arbitrators spelled out in default of agreement by the parties, and with restrictions on court intervention in the proceedings, as well as enforcement provisions.

Qureshi begins by setting out the background to investment treaty arbitration and provides some interesting ICSID caseload statistics and provides useful research tools.

As a result of its analysis, the High Court held that the tribunal's award dealt with a dispute not contemplated by and not falling within the terms of the submission to arbitration and therefore set aside the award in its entirety under Article 34 (2)(a)(iii) of the Model Law.

Case management conferences between tribunals and parties have been utilized as a common tool by tribunals under all sets of rules, case management conferences are used at the commencement of an arbitration to lay out a procedural framework and timetable for each arbitration.

The rules relating to conflicts of interest and bias under the national arbitration laws of England, France, Switzerland and the US is set out in the third section of the book, again illustrated with numerous key cases decided in those jurisdictions by the national courts.

The set was invited by the Singaporean government to help establish Singapore as a leading centre for international arbitration.

Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often international) arbitral tribunal.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.

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.

Furthermore, with regard to improvement of international arbitration, the «International Arbitration Study Group» was set up, being co-hosted by the JFBA and the Ministry of Justice in December 1997 and released its report on 31st March 1999.

Clyde & Co took home the Dispute Resolution Team of the Year award for its work on an international arbitration case and subsequent appeal, which set a precedent that has been followed by numerous others in Dubai International Financial Centre (DIFC) award enforcement cases.

We are able to assist you to navigate through the process, and get results affordably either by negotiation, mediation or arbitration of disputes in a private setting.

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

(a) The Defendant (the «KRG») applied on 3 July 2017 to set aside the Order of this Court made ex parte on 29 May 2017 by which it recognised and, subject to its terms, enforced two arbitration awards made in London under the auspices of the LCIA and permitted alternative service of the order made and other documents on the KRG's London solicitors who had acted for them in the arbitration.

A model clause for use in contracts or other legal instruments by parties, which intend to provide for arbitration of existing or future disputes under the BVI IAC Arbitration Rules is set forth in Annex A to these Rules.

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

The absence of the risk of paying large amounts towards the winning party's legal costs incentivised the strategic use of (unmeritorious) court proceedings by recalcitrant parties in international arbitrations — such as applications for arbitrator appointment and set aside.

Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rules.

In Maximov v NMLK [1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration.

The Public Enterprises Law no. 6/2012 of 8 February restrains the arbitration agreement in contracts entered into by public enterprises, by setting out that «it is up to the judicial courts to undertake the trial of all disputes in which a public company is a party thereof, including measures to enforce civil liability for acts of...

Given the length of these clauses, employers may wish to draft a separate arbitration policy and incorporate it by reference into employment agreements, rather than setting out the terms in each contract.

The parties are free to decide on the procedure of arbitrations seated in England and Wales, and generally do so by reference to a set of institutional rules.

The court in Kanda Franchising started with the premise that the interpretation of the scope of an arbitration agreement is a question of mixed fact and law, as set out by the Supreme Court of Canada in Sattva Capital Corp. v Creston Moly Corp..

CPLR 7501 et seq. similarly sets forth the standards for judicial review of arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.

Head of Stephenson Harwood's International Arbitration Group, Louis Flannery, together with colleagues, Gautham Chandrakumar and Alastair Kwan, set out to answer these questions by comparing the arbitration fees of eighteen international arbitral institutions from around the world, which calculate their fees on an ad valorem basis.

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.

For those not familiar with the intricacies of China's judicial review of arbitration issues, a 1995 SPC circular sets out a prior approval procedure, requiring local court rulings to refuse to enforce foreign - related /» greater China» / foreign arbitration awards to be submitted for eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a hearing.

In an effort to stop the bleeding, the Conservative Government passed back - to - work legislation that provided for set wage increases and mandatory interest arbitration to impose a new collective agreement — with an arbitrator appointed by the Federal Government (unless the parties settled).

Using data of all appointments of ICSID arbitrators made between 1972 and 2014 and applying a social network analysis methodology, Sergio sets out to understand the role of social capital in investment arbitration by relying upon proxy measures for social connectivity.

You can not use the fee arbitration process if the fee was set by a court decision, by a statute, or by court rule.

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.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a «demand for arbitration,» then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. («JAMS») using JAMS» streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Gigaom consents to in writing.

Leonov added that the precedent set by the court could result in an «outflow of assets» in future debt arbitration cases.

If a member refuses to abide by an award in arbitration, enforcement of the award shall be accomplished only in the manner set forth in Part Four, Section 24 and Part Ten, Section 56 of this Manual.

A refusal to abide by an award in arbitration should be enforced in the manner set forth in Part Ten, Arbitration of Disputes, Section 56, Enforcement.