Sentences with phrase «state arbitration provisions»

Based on our experience working with clients and other lawyers in Canada, Mexico, and the United States, we are familiar with the sections of NAFTA that are likely to be impacted, including investor - state arbitration provisions, bi-national review panels for trade litigation, and local content requirements for products such as automotive parts.

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

The Senecas compact, or agreement, with the state has provisions for disputes to be settled in arbitration by a special three - person panel.

Subsequently he championed the state provision of education, pensions, industrial injury compensation and industrial arbitration.

Omitting or limiting these core provisions enabled the Chinese government to continue legislating in favour of Chinese state - owned enterprises and avoided recourse to international arbitration by foreign investors.

The provision in question (Section 209.4 of the state Civil Service Law, better known as the Taylor Law) provides for compulsory binding «interest arbitration» of contract disputes involving police and firefighter unions.

These includes a proposal for legislation preventing the use of public money in settling sexual harassment claims, removal of forced arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they've carried out.

The availability of arbitration therefore highlights two additional considerations for would - be reformers: the need to scrutinize state laws governing a contract impasse to ensure that they do not stack the deck in favor of union interests and the importance of raising public awareness of contract provisions that arbitrators might otherwise leave untouched.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Blue Buffalo exclusively in a state or federal court located in Connecticut, and to submit to the personal jurisdiction of the courts located in Connecticut for the purpose of litigating all such disputes.

The United States Supreme Court declined to hear an appeal of a North Carolina Supreme Court decision that struck down a mandatory arbitration provision signed by a patient, who later alleged medical malpractice against his physician.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

It is this provision which has allowed courts in the Contracting States to advance many of the most important innovations underpinning the modern system of international arbitration.

A recent article published by The Wall Street Journal discussed a growing trend by American employers to include arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a contractual provision requiring telecom customers to waive their right to bring certain lawsuits.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity castate / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity caState entities in the UK (Civil immunity cases).

It shall not be out of place to mention that the limited scope of applicability of the Act has already been addressed by the revised Model Law, which states that provisions relating to, inter alia, interim measures shall apply irrespective of the fact that the place of arbitration is outside the country concerned.

The court stated that while there also exists no prohibition to the parties settling the issues of custody and child support by arbitration, the provisions of an award for custody or child support will always be reviewable and modifiable by the courts.

In an effort to reduce inefficiencies created by litigation in civil courts, parties to contracts will often include arbitration provisions, which state that if there is a dispute arising out of the contract the parties agree to submit the dispute to an arbitrator instead of filing a lawsuit in a civil court.

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.

Represented the Republic of Ecuador in an arbitration under the State - to - State dispute resolution provisions of the Ecuador — U.S. bilateral investment treaty concerning the proper interpretation and application of the treaty.

This means that the provisions of intra-EU BITs that provide for ISDS and form the basis of the consent of Member States to arbitration are inapplicable; hence, arbitral tribunals lack jurisdiction under intra-EU BITs.

2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and international dispute resolution practitioners: to what extent to international contracts containing mandatory arbitration provisions supercede contrary state (or even federal) law.

(d) Notwithstanding the AAA Rules, the foregoing or any other provision of these Terms of Use (including the arbitration agreement), any disagreement or dispute concerning arbitrability (whether a particular Dispute is arbitrable) or the scope of this arbitration agreement shall be resolved by the United States District Court for the federal district in which you reside.

Contracts that have class - action arbitration provisions are a little dicier, but in AT&T Mobility, LLC v. Conception, 563 US 333 (2011), the court held the FAA preempts state laws that disallow class arbitration.

Although, it was pointed out on behalf of the Appellant that in Rule 1.1 it had been stated that if any of the SIAC Rules was in conflict with the mandatory provision of the applicable law of the arbitration, from which the parties could not derogate, the said mandatory provision would prevail, such is not the case as far as the present proceedings are concerned.

It is further recommended that the State Association expand the provisions of the Code of Ethics and Arbitration Manual as adopted to include detailed procedures for handling interboard arbitration of business disputes, as defined by Article 17 of the Code of Ethics, between REALTORS ® of different Boards within the sState Association expand the provisions of the Code of Ethics and Arbitration Manual as adopted to include detailed procedures for handling interboard arbitration of business disputes, as defined by Article 17 of the Code of Ethics, between REALTORS ® of different Boards within the statestate.

Final note: The preceding guidelines do not purport to be detailed provisions for inserting into State Association professional standards procedures as adopted, but are intended to direct certain areas of consideration to the State Association for careful review in its adoption of professional standards procedures, particularly with respect to interboard arbitration conducted by the State Association.

Or, alternatively, if a Board Member voluntarily agrees to travel to the Board having jurisdiction of the other Board Member in another state and to submit to arbitration by that Board, the Board shall provide arbitration as requested if it deems the dispute an arbitrable matter and further subject to the provisions of Part Ten, Section 45 of this Manual, which sets forth the right of the Board to decline to arbitrate a dispute.

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.»