Sentences with phrase «under arbitration clauses»

Confidential (2015): representing buyers and managers in relation to a number of significant and complex multi-million dollar shipbuilding disputes with foreign shipyard arising under arbitration clauses providing for an expedited procedure.

Thomas Heintzman, an experienced Toronto litigator and retired partner of McCathy Tetreault, was appointed sole arbitrator under the arbitration clause in an Engagement Agreement between Jacob and Typhoon.

the company takes the steps required under the arbitration clause to commence the arbitration proceedings and files an affirmation demonstrating this.

(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.

Not exact matches

The women point out in the letter that forced arbitration clauses are now under attack as part of the #MeToo movement.

Under the proposal, companies could still use arbitration clauses, but would have to state explicitly that consumers can sign onto class actions.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

Under the agreement, disputes involving these clauses must be referred to Australia's Fair Work Commission for arbitration.

The U.S. Court of Appeals for the 4th Circuit ruled that his lawsuit under the Americans with Disabilities Act was barred by an arbitration clause in his union contract.

Under Miller's tenure, the union ended the reserve clause and ensured the system of free agency and salary arbitration that's in place today.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

The Court pointed out that there is a «very strong legislative direction» under our arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

the contract under which the debt is alleged to arise contains an arbitration clause that covers any dispute relating to the debt; and

Under the Illinois Nursing Home Care Act, arbitration clauses were considered to undermine the purpose of the act by making it mandatory for residents and their families to abide by a confusing nursing home contract on admission to a nursing home.

(a) if the regulations made under clause (1)(a) provide for the continuation of the office of the director of arbitrations appointed under section 6 as that section read immediately before being repealed by section 2 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, provide for that official to continue to be a member of the Financial Services Commission of Ontario, despite subsection 2 (2) of the Financial Services Commission of Ontario Act, 1997;

(2) Despite subsection (1), a court proceeding or arbitration under clause 281 (1)(a) or (b) of the Act may be commenced within 90 days after the mediator reports to the parties under subsection 280 (8) of the Act or within 30 days after the person performing the evaluation provides a report to the parties under section 280.1 of the Act, whichever is later.

(1) A mediation proceeding or evaluation under section 280 or 280.1 of the Act or a court proceeding or arbitration under clause 281 (1)(a) or (b) of the Act in respect of a benefit shall be commenced within two years after the insurer's refusal to pay the amount claimed.

Under the Supreme Court's decision in Armendariz, it appears that Uber's arbitration clause may be unenforceable because of its procedural and substantive unconscionability in terms of unequal bargaining power and one - sidedness.

The Court pointed out that there is a «very strong legislative direction» under the arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

Here is a sample clause for a broad scope of an arbitration clause: «Any dispute, controversy, or claim relating to, connected with, or arising out of this Agreement...» Here are two for narrow scope: «All disputes arising under this Agreement...» [precludes arbitration of matters that, while related to the agreement, do not arise out of it] «Any...

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that «nationality» provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK.

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 arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»

(3) A recent New Jersey UM policy we analyzed contained a mandatory arbitration clause that would prevent a plaintiff trying to recover under their own policy from being able to present their case to a jury.

The Court found that, in Ontario, the legislature chose to provide the court with the discretion to separate disputes subject to an arbitration clause from other matters in the litigation under section 7 (5).

The podcast considers how parties can agree to an ADR process in addition to or alongside arbitration (looking at approaches in different jurisdictions and under different arbitral institutional rules), before turning to the complexities of drafting escalation clauses in contracts.

This clause stated that either party could seek to compel arbitration of any dispute that arose under the terms of the contract.

A typical dispute resolution clause can provide in some detail for, amongst other things, conditions precedent under which parties have to negotiate in good faith first before commencing arbitration

For instance, a clause might not be considered an arbitration agreement under the 1996 Act if it does not permit the arbitrator to make decisions that are binding on the parties (Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC)-RRB-.

The USA arbitration clause required arbitration for «disputes under» the USA.

In Oxford Health Plans, the Supreme Court reviewed the issue of whether an arbitrator had exceeded his powers under the FAA when he interpreted the parties» arbitration clause to authorize class arbitration.

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

Ms. McCabe has represented clients at arbitration, and has litigated the enforceability of contractual arbitration clauses under the Federal Arbitration Act.

That is because, under the particular language of the contract in which the arbitration clause is found, the claim may be «discovered» before or at the very time when the claim is made.

Insurance Department had authority under 40 P. S. § 2000 to adopt this regulation which requires inclusion of an arbitration clause in Uninsured Motorist Coverage; the arbitration requirement did not violate the rights to jury trial under the United States or Pennsylvania Constitutions.

They typically forbid clients from starting class action lawsuits, they keep disputes private, the costs to file an arbitration are often outrageous and many of these clauses require you to use an arbitration firm under contract with the broker.