Sentences with phrase «under the dispute resolution»

Whether a business or a state party could complain effectively (under the dispute resolution provisions of Article 28) about such measures remains to be seen.

Not exact matches

One alternative for the Canadian government to consider is to reinvigorate the State - to - State dispute resolution system under NAFTA Chapter 20, as a replacement for the Chapter 19 panel review process, with some re-jigging to add special provisions to deal with trade remedy disputes such as the ongoing softwood lumber battle.

The Softwood Lumber Agreement (SLA) between Canada and the U.S. is being renegotiated and Trump continues to threaten to rip up NAFTA, including Chapter 19, the dispute resolution mechanism under which Canada ultimately won previous softwood lumber disputes.

Help Scout has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss - U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus.

Palo Alto Software has further committed to refer unresolved privacy complaints under the EU - US and Swiss - US Privacy Shield Principles to an independent dispute resolution mechanism.

Under FIFA regulations, the panel known as the National Dispute Resolution Chamber should be made up equally of arbitrators appointed by clubs and players.

We are confident that judges will take advantage of the AAAS offer to provide a slate of candidates to serve as court - appointed experts in cases in which the court has determined that the traditional means of clarifying issues under the adversarial system are unlikely to yield the information that is necessary for a reasoned and principled resolution of the disputed issues.

«(d) CONFIDENTIALITY PROVISIONS - Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071 (a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications.».

«(a) CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litiDISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the lRESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litidispute resolution process at an appropriate stage in the lresolution process at an appropriate stage in the litigation.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

«(c) IMMUNITY - All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity.».

Each United States district court shall devise and implement its own alternative dispute resolution program, by local rule adopted under section 2071 (a), to encourage and promote the use of alternative dispute resolution in its district.

Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this Act.

Under certain conditions, more fully described on the Privacy Shield website, European individuals may invoke binding arbitration when other dispute resolution procedures have been exhausted.

If you find any information in the credit report provided as part of the Services that you believe is incorrect and wish to correct it with the credit reporting agencies, you can do so through the dispute resolution process provided under the Fair Credit Reporting Act or other applicable laws.

Stuart Pratt, president and chief executive of the Consumer Data Industry Association, which represents the three national bureaus, also argues that many of the proposed changes in dispute resolution are being put in place under a 2015 national settlement agreement, and therefore «we question the need for additional law.»

The employer shall provide the employee or applicant, in a private discussion, the opportunity to dispute the relevance of the information upon which the employer based the adverse employment action, and shall consider any such dispute before making a final decision; (3) if the employee or applicant provides oral or written notice to the employer during the 14 day period set forth in subparagraph (2) that he or she has disputed the accuracy of the consumer report with a consumer reporting agency, the employer shall not take an adverse employment action until the resolution of the dispute under section 58 of this chapter or Section 1681i (a) of chapter 15 of the United States Code, and shall consider the results of any such resolution; (4) ensure that none of the costs associated with obtaining a consumer report are paid by or passed on to the employee or applicant.

Arbitration, when adopted by the parties as was done here in the collective agreement, is an integral part of that scheme, and is clearly the forum preferred by the legislature for resolution of disputes arising under collective agreements.

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

However, the PO did not ask them to reconsider the substantive decision in relation to the grant of IHER as the flaw in the decision - making had been rectified in the stage 2 decision under the Internal Dispute Resolution Procedure in place.

However, I am not certain that the RTDRS has the power to do so under the current legislation: the Residential Tenancies Act, SA 2004, c R - 17.1 (the Act) and the Residential Tenancies Dispute Resolution Service Regulation, Alta Reg 98/2006 (the Regulation).

In particular, the FLA will endeavour to promote Singapore as a legal hub for international dispute resolution, including arbitration under the auspices of SIAC and SCMA.»

(4) Subject to subsection (6), no information or material furnished to or received by a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution Sedispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution SeDispute Resolution Services.

(5) Subject to subsection (6), no report of a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution Sedispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution SeDispute Resolution Services.

Advising on one of the first dispute resolution references to the European Chemicals Agency (ECHA) in Helsinki under REACH.

This is the purpose: A blog established by a practicing & teaching lawyer in Pennsylvania for the benefit of law students, consumers, & professionals interested in legal developments affecting Elder Law, long - term care, End - of - Life issues, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, & trustees), elder conflict dispute resolution, or Orphans» Court litigation in this Commonwealth, with reference to trends nationally.»

Posted Monday, January 26th, 2015 by Gregory Forman Filed under Litigation Strategy, Mediation / Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

However, if Rocket Lawyer is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution -LRB-» JAMS&rdispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution -LRB-» JAMS&rdispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution -LRB-» JAMS&rDispute Resolution -LRB-» JAMS»).

HKMA stated that, under the scheme, the mediation process would be a confidential, voluntary, non-binding and private dispute resolution process «in which a neutral person (the mediator) helps the parties to reach a negotiated settlement or to narrow the issues in dispute.

Basic concepts of offer and acceptance clearly underpin Part 36, but that is inevitable given that it contains a voluntary procedure under which either party may take the initiative to bring about a consensual resolution of the dispute.

2011:1 If a Party considers that the application of any measure, whether or not such a measure conflicts with the provisions of this Agreement, causes nullification or impairment of any benefit reasonably expected to accrue to that Party, directly or indirectly under the provisions of this Agreement, that Party may, with a view to satisfactory resolution of the matter, invoke the consultation provisions of Article 1804 and, if it considers it appropriate, proceed to dispute settlement pursuant to Articles 1805 and 1807....

Much less protection is provided in Australia, where the regime established for the protection of confidentiality in dispute resolution negotiations generally, under the Australian Evidence Act 1995, admits even more exceptions than the English without prejudice principle.

Some of our lawyers have experience in partnership and contractual disputes between professionals, including the resolution of those disputes by trial or other proceedings in the Ontario Superior Court of Justice, including in the Commercial List in Toronto, and by commercial arbitration under the Arbitration Act and the Commercial Arbitration Act.

If a right of set - off is accepted in principle, then the better position for a seller is for the claim to have been determined and agreed under an arbitral award (or whichever other dispute resolution process is applicable); the main alternative and slightly weaker position for a seller is for the matter to be decided by a relevant expert (depending on the nature of the claim).

The promotion of Hong Kong as a leading international legal and dispute resolution centre comes under the portfolio of the Department's Legal Policy Division which Mr Wong heads.

The applicable insurance legislation and statutory accident benefit regulations, guidelines, bulletins and the regulations surrounding the dispute resolution process under the LAT extend for hundreds of pages, are often complex and are impacted by hundreds of decisions by judges and adjudicators.

This highly interactive two - day in - person workshop features real case studies, personal stories, role - playing, coaching, and review of current literature, research, and statistics, this is a mandatory course for family dispute resolution professionals, including Parenting Coordinators, looking to meet their training requirements under the FLA..

Postgraduate Degree (DESS) Litigation, Arbitration and Alternative Dispute Resolutions, under the direction of Professor Jarrosson, University of Panthéon — Assas, Paris II

The adjudicator found in favour of Tarmac and decided that the dispute resolution procedure under the Supply Contract should apply.

The Supreme Court analyzed the issues in Altman and determined that although the Chapter 558 process did qualify as a «civil proceeding» under the policy, it did qualify as a form of «alternative dispute resolution» and therefore met the definition of a «suit» under the policy.

If you find your business is under the tax microscope, engaging an experienced Tax Litigation and Dispute Resolution team can help you take control and manage the dispute process towards the best possible end Dispute Resolution team can help you take control and manage the dispute process towards the best possible end dispute process towards the best possible end result.

The Bill provides that any ordinary residence disputes under s 2 are referred to the secretary of state or the Welsh ministers for resolution (in accordance with the arrangements made and published under NAA 1948).

Under Suzanne Anton's leadership, B.C. enacted a Civil Resolution Tribunal, an online dispute resolution that allows the public to resolve disputes involving strata and many small claims disputes of less than $ 5,000 as Resolution Tribunal, an online dispute resolution that allows the public to resolve disputes involving strata and many small claims disputes of less than $ 5,000 as resolution that allows the public to resolve disputes involving strata and many small claims disputes of less than $ 5,000 as of June 1.

UDRP Tracker is a blog that tracks recent decisions under the the Uniform Domain Name Dispute Resolution Policy (UDRP).

(5) Despite subsection (1), if there is a dispute about whether subsection (1) applies to a person, the insurer shall pay full benefits to the person under this Regulation pending resolution of the dispute if,

She also has extensive experience in the enforcement of Internet and domain names, through the implementation of strategies ranging from cease and desist letters, Uniform Domain Name Dispute Resolution Policy (UDRP) complaints, individual website complaint procedures and even trademark litigation under the Anticybersquatting Consumer Protection Act (ACPA).

(4) If a person who would be entitled to benefits under this Regulation in the absence of subsection (1) elects to bring an action referred to in section 30 of the Workplace Safety and Insurance Act, 1997 and there is a dispute concerning the insurer's liability to pay an expense for a vocational rehabilitation program the person was attending at the time of the election and continues to attend, the insurer shall pay the expense pending resolution of the dispute.

(l) prescribing a dispute resolution system, including mediation and conciliation, that may be used in connection with risk assessments that are submitted to, but not accepted by, the Director under subsection 168.5 (1);

Employers with unionized employees are likely already familiar with the concept of arbitration, as this process of dispute resolution is generally mandatory under labour relations legislation.

In Wilson v Her Majesty's Advocate 2009 JC 336, which also concerned opinion evidence, the High Court of Justiciary, in an opinion delivered by Lord Wheatley, stated the test thus (at para 58): «[T] he subject - matter under discussion must be necessary for the proper resolution of the dispute, and be such that a judge or jury without instruction or advice in the particular area of knowledge or experience would be unable to reach a sound conclusion without the help of a witness who had such specialised knowledge or experience.»