Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then
those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.
Not exact matches
And you're handing over the decision - making process
to a judge
who gets
to impose a decision on the parties, rather than
going into negotiation and
arbitration, wherein you can find a solution that works for everybody.»
The payroll
goes up
to $ 175 - $ 180 in 2018 and in 2019 we decide if we keep Flaherity, Gomber, Reyes or Wacha
who will be in
arbitration.
«
Who is
going to sit there and read a 6,000 - word
arbitration agreement as a consumer?
They also argue that forcing the women into
arbitration would likewise force all others
who might have similar claims in the future
to go through
arbitration, greatly harming their ability
to protect their rights.
It is the ideal tool for clients
who wish
to self - finance their lawyers fees and / or out of pocket costs, and has the potential
to fundamentally alter how Canadian corporate enterprises manage their litigation and
arbitration budgets
going forward.
In fact, the Singapore High Court
went further
to state that it would be an abuse of process
to allow a party
who had raised a jurisdictional challenge but chose not
to participate in most part of the
arbitration,
to wait till the opposing party
goes through the entire arbitral process, obtains an award, only
to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.
Of course, it
goes without saying that drafting such express, precise multi-party
arbitration friendly clauses will be an advantage
to a party
who wants
to bring a claim against multiple parties, but may work against that party in circumstances where that party wishes
to avoid being dragged into multi-party proceedings itself.