Sentences with phrase «state arbitration system»

Many municipal officials have complained that the state arbitration system often favors unions by not capping annual salary awards and inadequately weighing the government's ability to afford raises.

Not exact matches

On dispute settlement, Guajardo said that Mexico would be willing to consider some adjustments to the investor - state dispute settlement system, after the United States proposed making the use of such arbitration panels optional.

If a district does not have a plan approved by that date, a one - time binding arbitration process will commence and the state will impose a system on the district by June 1st.

Ken Girardin, an analyst with the Empire Center for Public Policy, an Albany think tank that advocates for lower taxes and restrained government spending, said, «These higher pay figures reflect bad decisions by both local officials, who signed off on costly deals with the PBA, and state officials, who refuse to fix the state's binding arbitration system that's rigged» to benefit unions.

A budget law gives state Commissioner John King binding - arbitration power to set a new evaluation system if New York City and the UFT can not compromise.

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral awards.

After a protracted arbitration process and final hearing — which involved two separate state court appeals — the Arbitrator, a former Chief Justice of the Florida Supreme Court, ruled in favor of the health system respondents on liability, and awarded no damages to the physician - limited partner on any of his arbitration claims.

UNCITRAL considers the New York Convention to be one of the most important United Nations treaties in the area of international trade law and the cornerstone of the international arbitration system.4 Since its inception, the Convention's regime for recognition and enforcement has become deeply rooted in the legal systems of its Contracting States and has contributed to the status of international arbitration as today's normal means of resolving commercial disputes.

Ultimately, the reappointment process itself, and the way it helps the system of investor - State arbitration to adapt to the evolving expectations of the international community, can therefore be a source of legitimacy in aligning the decision - making of arbitrators with the wider public and its values, including the rule of law and democracy.

If arbitrators fail to meet these expectations, they will receive less and less appointments and be phased out as influential arbitrators The reappointment process can therefore work as a means for the system to accommodate and process changes in its environment, including the mounting criticism of the current functioning of investor - State arbitration.

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.

That contract had an arbitration clause contained in it, which stated that the parties agreed to submit any claims between the two to binding arbitration, rather than handling them through the court system.

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

In 1976, the Maryland state legislature passed a statute designed to create a mandatory arbitration system capable of handling all medical malpractice claims.

However — and perhaps with some desire that the ECJ would take notice — Lords Hoffmann and Mance expressed their view that the EC Regulation system for allocation of jurisdiction between EU member states excluded arbitration from its scope — and hence anti-suit injunctions in this context were permissible.

Yet the enforcement of international arbitral awards continues to be one of the key challenges of the international arbitration system, complicated further where the non-complying award debtor is a state.

Probably taking into consideration of the aforesaid instance, Mr. Justice Mamnoon Rahman [7] has addressed to the fact that it is the generally accepted principal in each developed legal system that the state court order interim and conservatory measures in support of arbitration despite the powers of the arbitral tribunals to do so.

The 17 OHADA states now share the same business laws, based on a civil law system, namely uniform acts regarding companies, commercial law, debt recovery, securities, insolvency, transport and arbitration.

Instead, the system is likely to be marked by the co-existence of investor - state arbitration and an international investment court, leading to pluralism rather than a dichotomous either / or choice or a clear before - and - after moment.

When litigation is necessary, Janette defends her clients and pursues a diverse array of employment claims in the state and federal court systems, in arbitration, and at the administrative level.

In my last post, I discussed the virtues of investor - State arbitration and suggested that this dispute settlement system could react to current criticism by reconceptualizing the system from within.

Should there be investor - state arbitration between economies with well - functioning legal systems?

London's unrivalled status as a leading arbitration seat can be attributed to the feature of the English law and the confidence commercial and state parties have in the English system.

The CJEU clearly explains in its judgment that investment tribunals are not part of the «judicial system» of Member States, similar to the Benelux Court, or commercial arbitration tribunals that are embedded in a national constitutional legal order (paras.43 - 45).

Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).

While this is HALT's first report card on fee arbitration, its previous Lawyer Discipline Report Cards conducted studies of the lawyer discipline system that have led states to make critical improvements.

HALT's Report Card graded fee arbitration systems in six categories: (1) whether lawyers are required to participate in binding arbitration at a client's request; (2) the ease of initiating arbitration; (3) the amount of state bar publicity of fee arbitration; (4) the program's reliance on non-lawyer arbitrators; (5) whether non-binding mediation is offered in addition to arbitration; and (6) how the system enforces awards.

To shine a light on the out - of - court systems designed to help clients conveniently settle bill conflicts with attorneys, HALT released its 2007 Fee Arbitration Report Card, ranking lawyer - client fee arbitration forums in all 50 states and the District of Columbia.

HALT hopes its Fee Arbitration Report Card will galvanize state bars and courts to take similar strides so that the fee arbitration system lives up to its promise of conveniently and effectively resolving everyday fee disputes between lawyers and clients.

If the host state fails to provide these protections, an investor can submit an investment dispute for arbitration by an independent panel instead of the host state's domestic judicial system.

This is why ODR systems are usually represented as a three - stage process (negotiation, if that fails, mediation, and if that fails, arbitration or, if the platform is integrated into the state's legal process, judicial intervention).

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.