Sentences with phrase «subject matter of the dispute»

Rather than leaving things to the luck of the draw, parties can choose a lawyer viewed as an expert in the specific subject matter of their dispute as their decision - maker.

The critical feature of proximity is one of the subject matter of the dispute rather than how long before the threat, or start, of litigation aired in negotiations between the parties.

The report, authored by Johan Lundstedt, includes measures requested, subject matters of disputes and excerpts from the reasoning of the Emergency Arbitrators.

If the court finds that there has been an unjust enrichment and the subject matter of the dispute is a particular property, the court may impose a constructive trust.

Those grounds include if the subject matter of the dispute is not capable of settlement by mediation under the domestic law of the Contracting State, or if granting relief under the agreement would be incompatible with the public policy of the Contracting State.

As the Illinois Supreme Court held in Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, 215 IL 118043: «A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10 (b) of the Act because the subject matter of the dispute conflicts with Illinois law.»

However, the subject matter of some disputes may be heavily concerned with local customs and culture and a party may, therefore, be more comfortable having a local judge adjudicate on such matters.

The main issue arose out of the second part of the framework — the subject matter of the dispute.

(c) make an interim order or Award on any matter with respect to which it may make a final Award, including an order for costs, or any order for the protection or preservation of property that is the subject matter of the dispute;

The subject matter of these disputes ranges from groundwater contamination claims to royalty and lease title disputes to major bet - the - company enforcement proceedings (including Deepwater Horizon).

The current arbitration law is silent as to the subject matters of disputes that are capable of resolution by arbitration and a clear statement concerning the arbitrability of disputes involving IPRs has been lacking.

The court provided a step - by - step analytical framework that is focused on the subject matter of the dispute, the scope of the arbitration agreement and whether it is arguable that the dispute falls within the scope of the arbitration agreement.

It was also for the state to show that the subject matter of the dispute in issue was related the exercise of state power or that it had called into question the special bond.

This is especially useful when the subject matter of the dispute is highly technical: arbitrators with an appropriate degree of expertise (for example, quantity surveying expertise, in the case of a construction dispute, expertise in commercial property law, in the case of a real estate dispute, and Family Lawyers in a Family dispute, can be chosen).

B. Conflict of interest means any relationship between the mediator and any participant or the subject matter of the dispute that compromises or appears to compromise the mediator's impartiality.

B. Conflict of interest means any relationship between the mediator, any participant or the subject matter of the dispute, that compromises or appears to compromise the mediator's impartiality.

In binding arbitration a neutral decision - maker, who could be a retired judge or a lawyer with expertise in the subject matter of the dispute, is appointed make a decision to -LSB-...]