Sentences with phrase «with arbitration processes»

These results may reflect a lack of familiarity with arbitration processes and procedural options, as less than one - third of respondents said that they use arbitration in their practice — compared to the 80.1 % of respondents who said they use mediation, the 62.7 % who said they use collaborative negotiation and the 68.7 % who said they use litigation — and as only 8.5 % of respondents said that they frequently use arbitration to resolve family law disputes.

«While the Seneca Nation was open to dialogue, we are now moving forward with the arbitration process initiated by the state,» President Gates said.

Having been involved in the development of the Arbitration (Scotland) Act 2010, we are ideally suited to assist you with the arbitration process.

Hiring an attorney who is familiar with the arbitration process, and the tactics used by insurance companies to limit payouts, will increase the odds of securing a fair settlement offer.

Not exact matches

If a clothing brand disagrees with a ruling of the accord's steering committee, it can appeal for a final and binding arbitration process — but any resulting award is legally enforceable.

Instead of taking place with a court and a judge, arbitration is a private process with an arbitrator and is generally preferred by companies as it can require individuals to each pursue restitution individually instead of banding together as a group.

In the past decade, companies have curbed many lawsuits with mandatory arbitration clauses that prevent consumers from going to court, bound instead to the arbitration process.

Cuomo originally sought to impose a 2 percent cap on the value of arbitration awards in a bill submitted in January with his Executive Budget, but backed away from that proposal when the Legislature resisted making any change to arbitration as part of the budget process.

The length of the arbitration process due to the changing requirements for the Balkan candidates, combined with the EU's shifting policies regarding Kosovo, have stalled the talks.

The Patrolmen's Benevolent Association says contract talks with the de Blasio administration have hit a wall a mere two weeks after the union's contract expired, and as a result, has taken the first steps in the binding arbitration process.

Todd Gates says the arbitration process continues, with each side picking a representative, and a neutral third arbitrator.

The PBA has declared an impasse in its talks with the City and commenced the process of binding arbitration.

Governor Andrew Cuomo said on Jan. 30 that if the city won't get to a teacher evaluation agreement with the UFT by a set date, he will direct the State Education Department to set up a binding arbitration process that will get the two sides to an agreement.

Ball was more critical of the arbitration process as a whole, under the new law, with its tight time restrictions requiring that cases be decided within 45 days after a hearing and limiting the pay that arbitrators can make.

In mid-April, Mulgrew agreed with Klein to streamline the teacher - discipline process in a way that, by the end of the year, will close New York's so - called rubber rooms, the infamous «reassignment centers» where the New York City teachers charged with the most extreme incompetence or misconduct (currently 600 out of 80,000) are sent to do nothing while they await tenure - protected arbitration hearings.

Each district court shall provide litigants in all civil cases with at least one alternative dispute resolution process, including, but not limited to, mediation, early neutral evaluation, minitrial, and arbitration as authorized in sections 654 through 658.

«(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.

January 2018 update: I followed through on opening a Lemon Law Case with the Better Business Bureau (BBB Auto Line) and followed all the required procedures to the «T» all the way to and through the arbitration process.

Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.

As with the Model Law, the Arbitration Law seeks to balance the role of the Myanmar courts in the arbitration process.

(Asia Pacific Legal 500) «Clients describe him as «strong, commercial and very articulate» with «excellent cross-examination skills» and «a good lead advocate with excellent knowledge of arbitration processes».

Ultimately, the reappointment process itself, and the way it helps the system of investor - State arbitration to adapt to the evolving expectations of the international community, can therefore be a source of legitimacy in aligning the decision - making of arbitrators with the wider public and its values, including the rule of law and democracy.

This amendment provides a process whereby the Labour Relations Board can assist with settling the terms of a first collective agreement and, if such assistance is unsuccessful, direct the matter to arbitration.

In FINRA arbitration, there is almost always a motion to compel one side or the other to produce documents and information, with attendant delays in the discovery process.

Here's a new case study on how AccessData recently worked with Utah - based law firm PIA Anderson Dorius Reynard & Moss LLC using Summation eDiscovery solution for collection, processing and review of ESI for an international arbitration.

Binding arbitration is held either before one arbitrator or a panel of arbitrators in larger cases, such as where a product defect may have been a factor in the car accident, and the process more like a trial with the arbitrators generally retired judges.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

«Confidentiality in the mediation process is important and this Directive should therefore provide for a minimum degree of compatibility of civil procedural rules with regard to how to protect the confidentiality of mediation in any subsequent civil and commercial judicial proceedings or arbitration.»

We undertake mediations both as an independent process and also in parallel with existing court and arbitration proceedings.

In counseling their clients, in - house counsel should carefully consider the nature of the business and the composition of the workforce; their prior experiences with employee claims; and with litigation in court and / or in arbitration; before deciding which litigation process best suits their company.

European Union agreements such as CETA and the EU - Vietnam Free Trade Agreement appear to serve as viable examples of replacing traditional ISDS provisions with a bilateral investment court system, [21] providing a more impartial and independent process than investment treaty arbitration.

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.

Judicial methods of determining disputes has long been the orthodox method of resolving conflict in western society with dispute resolution processes such as mediation, arbitration and conciliation being labelled as «alternative».

As with any mediation or arbitration, the umpire process is private and confidential.

A party now faced with the prospect of having to arbitrate a dispute may now have a realistic opportunity to avoid that process, if so desired, if there is any reasonable prospect of persuading the Court that the case may be more efficiently resolved by means of a summary judgment motion than an arbitration.

The costs of the arbitration fall into two categories: 1) the costs associated with the arbitral process, namely the arbitrator's fees and those of the administrative body, if any, and 2) counsel fees and the costs of the preparation and presentation of a party's case.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforwith the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforwith the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforwith the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforWith regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

However, it is worth noting that is it part of the judges» - or arbitrators» - duty to make sure that these requirements are being complied with throughout the whole judicial or arbitration process.

And it is often easier for a court to find a fatal flaw in a med - arb process that with arbitration alone.

It combines the flexibility of mediation with the certainty arbitration in a single process.

We summarise the state of play in relation to ADR in Indonesia and its interplay with adversarial processes like litigation and arbitration.

We have the expertise and practical experience necessary to provide advice with respect to all aspects of such projects from the planning stages through the construction process to completion, including litigation and dispute resolution, including mediation and arbitration.

With court reporting and videography professionals living and working all around the world, along with our international team, we will assist you through every detail of the deposition or arbitration procWith court reporting and videography professionals living and working all around the world, along with our international team, we will assist you through every detail of the deposition or arbitration procwith our international team, we will assist you through every detail of the deposition or arbitration process.

On the site, you'll find information relating to all the issues dealing with separation and divorce, issues such as child custody, child support, spousal support, division of property, mediation, arbitration, the court process, how much does a lawyer cost, and what can I expect?

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

Assisting IT suppliers and customer organisations on resolving large - scale disputes with under - licensing (direct / indirect use / access), IT outsourcing, changes in specification / scope, project delivery delays and performance failures, using escalated dispute resolution processes, negotiation, mediation, expert determination, arbitration and court proceedings (most recently SAP UK Limited v Diageo Great Britain Ltd (2017)-RRB-

If you entered into an arbitration agreement with the negligent party, our lawyers can represent you through the arbitration process or possibly have the agreement thrown out and pursue your claim through the courts.

Also, because district court judges are less familiar with international arbitrations, there was a real risk of poor judgments that then had to go through the appeal process, leading to further delays and costs.

Rose LLP is proud to offer representation in commercial insurance matters, with a view to engaging dispute resolution processes by litigation, arbitration, mediation, and direct negotiation, ensuring that our clients» interests are well served.

It appears that the ENE process is an ADR hybrid which combines certain elements both of mediation (for example, private caucusing with the parties, confidentiality, informal presentations, settlement objectives) and non-binding arbitration (e.g., the parties and attorneys shall receive a «non-binding evaluation of the matters in controversy by an evaluator»... in other words, an evaluation which measures and grades the relative strengths and weaknesses of each party's case).