In Gear v. Webster, the California Court of Appeal addressed the duty of Board members to
submit their disputes to arbitration.
Where the parties to an arbitration agreement have agreed to
submit their disputes to arbitration under the Rules, they shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration proceedings, unless agreed otherwise.
And, as more and more construction stakeholders
submit disputes to arbitration, our focus on pivotal issues often brings favorable rulings from panels charged with finding fair, efficient solutions.
In other words, the class interests engaged by the insolvency process displace the private agreement between the petitioner and the company to
submit their disputes to arbitration.
By adopting and agreeing to
submit disputes to arbitration under the ICC Rules or the SIAC Rules, parties hence agree to exclude their right to appeal on questions of law in domestic arbitrations.
The defendant then applied to strike out the originating summons on the ground that any and all rights of appeal under section 49 of the Arbitration Act had been waived and were thereby excluded when parties agreed to
submit their disputes to arbitration under the ICC Rules.
By
submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»
(1) Parties to a dispute may
submit a dispute to arbitration by filing a Joint Submission to Arbitrate with the Centre.
People on both sides of a dispute must agree to
submit the dispute to arbitration.
This analysis can be more complex in the context of an arbitration agreement: can a party to the agreement force a stay of litigation based on a clause that states the parties may
submit the dispute to arbitration?
If the parties have agreed to
submit their dispute to arbitration, that contractual submission may be taken as having implicit within it a duty to act honestly and reasonably in the efficient resolution of that dispute.
In the event of contractual disputes or specific non-contractual disputes as defined in Standard of Practice 17 - 4 between REALTORS ® (principals) associated with different firms, arising out of their relationship as REALTORS ®, the REALTORS ® shall
submit the dispute to arbitration in accordance with the regulations of their Board or Boards rather than litigate the matter.
If the complaint against the REALTOR ® principal is that, having properly
submitted a dispute to arbitration, he has refused to abide by an award, such refusal should not be referred to the Grievance Committee as a violation of the Code of Ethics unless such refusal reflects an established pattern or practice of noncompliance with the commitment to arbitrate.
Specifically Article 17 says, «In the event of contractual disputes or specific noncontractual disputes as defined in Standard of Practice 17 - 4 between REALTORS ® (principals) associated with different firms, arising out of their relationship as REALTORS ®, the REALTORS ® shall
submit the dispute to arbitration in accordance with the regulations of their board or boards rather than litigate the matter.»
If the dispute is not resolved through mediation, or if mediation is not required, REALTORS ® shall
submit the dispute to arbitration in accordance with the policies of their Board rather than litigate the matter.
Refusal to Arbitrate: In the event a complainant alleges that the respondent has improperly refused to
submit a dispute to arbitration (or to mediation if the respondent's Board requires REALTORS ® [principals] to mediate otherwise arbitrable disputes pursuant to Article 17), * the allegation shall be brought before a tribunal of five (5) members selected by the Board President from members of the respondent's Board of Directors.
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.
25.6 This Agreement does not require you or us
to submit to arbitration any
Dispute involving our intellectual property rights in and
to the websites or the Service, including, without limitation:
Union members may sue their employers in discrimination cases even if their labor contracts contain general language requiring such
disputes to be
submitted to arbitration, a unanimous U.S. Supreme Court ruled last week.
The
arbitration will be based only on the written submissions of the parties and the documents
submitted to the AAA relating
to the
dispute, unless either party requests that the
arbitration be conducted using the AAA's telephonic, online, or in - person procedures (additional charges may apply for these procedures).
If it proves impossible
to arrive at a mutually satisfactory solution through mediation, we agree
to submit the
dispute to binding
arbitration at the following location: Phoenixville, PA, under the rules of the American
Arbitration Association or as otherwise agreed by the parties.
Binding
Arbitration Any
dispute arising under or in connection with LUNCHSPARK, the Site, or its Terms and Privacy Policy shall be
submitted to and resolved either by means of mediation or binding
arbitration.
The parties agree that any and all
disputes, claims or controversies arising out of or relating
to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be
submitted to final and binding
arbitration before a single arbitrator of the American
Arbitration Association («AAA») in Los Angeles, California, or its successor.
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.
At Company's sole discretion, it may require you
to submit any
disputes arising from the use of these Terms of Use or the Website, including
disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination,
to final and binding
arbitration under the Rules of
Arbitration of the American
Arbitration Association applying California law.
We can define
arbitration as «a legal proceeding whereby two or more parties voluntarily
submit the resolution of their current or future
disputes to...
ClauseBuilder can be used
to create pre-dispute ADR clauses
to be included in contracts as well as clauses for existing
disputes that parties would like
to submit to arbitration or mediation.
If ICBC does not think that the expense is reasonable and refuses
to pay for the treatment the
dispute has
to be
submitted to arbitration.
Considering the disadvantages of
arbitration, its changing nature, and changes in the pool of available arbitrators, employers should consider another alternative; having agreements with their employees that all legal
disputes will be
submitted to court, but only before a judge without a jury (a «bench trial»).
Ms. Salinas Quero will speak about the various mechanisms related
to international investment
arbitration; how the SCC deals with procedures for resolving investor - state
disputes, initiation of proceedings, and requests for
arbitration submitted by investors and answers
submitted by responding states.
This website offers mediations and
arbitrations online via a digital forum where the adversaries can
submit evidence and seek
to resolve small
disputes before arbitrators or mediators.
(a) the insured person may bring a proceeding in a court of competent jurisdiction; (b) the insured person may refer the issues in
dispute to an arbitrator under section 282; or (c) the insurer and the insured person may agree
to submit any issue in
dispute to any person for
arbitration in accordance with the
Arbitration Act, 1991.
(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.
The issue is whether a medical specialist may
submit that
dispute to the council of
arbitration established by s. 54 of the Health Insurance Act or whether only the medical specialist's representative association has the interest required.
2002), the court also held that a settlement agreement incorporated into divorce decree, requiring that all child support, custody, and visitation
disputes be
submitted to binding
arbitration, was void as inconsistent with public policy.
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.
If you find yourself in a
dispute that requires you
to submit the matter
to arbitration, we can help.
Alternatively the parties may
submit the
dispute to the ad hoc
arbitration tribunal.
The SCC recently launched a competition where law students and young practitioners are welcome
to submit contributions
to the upcoming publication «Arbitrating for Peace», devoted
to international
arbitration as a peaceful form of
dispute resolution.
We also expect the number of
disputes submitted to arbitration to grow, given the increasing delay of decisions from the judicial courts against the relative promptness of
arbitration decisions.»
Any
dispute between us relating
to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and
disputes regarding attorney fees and / or costs charged shall be
submitted to binding
arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.
This makes investment treaty
arbitration into an adjudicatory process for resolving investor - State
disputes that involves predetermined rules of procedure and substance, much like when a State
submits to the jurisdiction of an international human rights court or
to administrative or constitutional judicial review at the domestic level.
Companies located in China, including Chinese companies and FIEs, may consider
submitting their
disputes under domestic commercial contracts
to arbitration institutions located in China such as CIETAC, BAC and SHIAC.
When a contract between the parties states that the JW Commercial
Arbitration Rules will be used
to resolve
disputes between the parties, or a contract provides for
disputes to be resolved through
arbitration by JW without specifying the rules
to be utilized, or a contract does not state how
disputes will be resolved and the parties agree
to modify their agreement
to provide for
arbitration by JW, or two or more parties without a written contract between them agree
to submit their
dispute for resolution through
arbitration by JW, then these Rules, with any written modifications agreed
to by the parties and approved by the arbitrator, will apply.
Should the mediation process fail
to resolve any issue (s), the parties agree
to submit any remaining
dispute (s)
to (binding
arbitration)[or](private judging process).
The parties shall, within a period of time specified by the
arbitration tribunal, identify those facts which are not in
dispute and
submit to the tribunal an agreed statement of facts.
(1) Where a
dispute falls under an
arbitration clause or agreement, a party, as claimant, may
submit that
dispute to arbitration by giving a written Notice
to Arbitrate
to the respondent and
to the Centre.
The English High Court held that the
arbitration agreement was valid — the contract was subject
to English law, with all
disputes to be
submitted to arbitration seated in England and Wales under the supervisory jurisdiction of the courts of England and Wales.
In Exmek Pharmaceuticals SAC v Alkem Laboratories Ltd [2015] EWHC 3158 (Comm), a contract was stated
to be subject
to «UK» law and the exclusive jurisdiction of the «UK» courts, while also providing that all
disputes should be
submitted to arbitration in the «UK».
The issue was whether a medical specialist, as an individual, may
submit that
dispute to the council of
arbitration established by s. 54 of the Health Insurance Act or whether only the medical specialist's representative association, the Fédération des médecins spécialistes du Québec, has the interest required.