members‚ relating to or taking place in regard to the functions of the learning team or any matter relating to the relations of the learning team members or the leadership of the learning team shall be sent to an appropriate arbitration party which shall be resolved by binding arbitration in agreement with the rules set forth. Both parties shall attempt to choose an equally adequate arbitrator that is well-informed regarding the issues corresponding to the subject matter contained in this clause. If both
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incorporated provisions of the Convention to enact the Arbitration and Conciliation Act‚ 1996 (“Act”). Currently‚ the Act stands amended by the Amendment Act of 2015 (“2015 Amendment” or “Amendment Act”)‚ which incorporated most of the Law Commission’s recommendations in its 246th Report on “Amendments to the Arbitration and Conciliation Act‚ 1996” (“Law Commission Recommendations” or “Law Commission Report”) for reshaping Indian arbitration jurisprudence. The 2015 Amendment‚ in the author’s opinion
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parties cannot agree on a mutually acceptable name‚ tribunal will make an administrative appointment The general source of securing a list of arbitrators is through impartial agency (Federal Mediation and Conciliation Service (FMCS); American Arbitration Association (AAA)) and through state and local agencies. There are three procedures in the selection of the arbitrator‚ which are the striking method‚ striking and ranking‚ or by requesting a direct appointment. With the striking method‚ the
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Plaintiff NCR Corporation ("NCR") appeals Page 811 the order of the district court[1] compelling NCR and defendant Korala Associates Ltd. ("KAL") to arbitrate NCR’s claims against KAL‚ pursuant to 9 U.S.C. § 206[2] part of Chapter 2 of the Federal Arbitration Act‚ see 9 U.S.C. § 201‚ et seq.‚ which implements the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards‚ June 10‚ 1958‚ 21 U.S.T. 2517‚ 330 U.N.T.S. 38. I. BACKGROUND NCR is one of the largest providers of
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NEW YORK 198 F. Supp. 2d 377; 2002 U.S. Dist. January 2‚ 2002‚ Decided January 3‚ 2002‚ Filed DISPOSITION: [**1] Defendant ’s motion to compel Brennan to arbitrate denied. Brennan ’s cross-motion to strike the defense of arbitration and stay arbitration granted. COUNSEL: For Plaintiff: Mona C. Engel‚ Esq.‚ Law Offices of Robert F. Danzi‚ Westbury‚ New York. For Defendant: Jed L. Marcus‚ Esq.‚ Gotta‚ Glassman & Hoffman‚ P.A.‚ Roseland‚ New Jersey. JUDGES: SHIRA A. SCHEINDLIN
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Arbitration means “a neutral third party or panel of experts hears a dispute and imposes a resolution of the parties” (Miller & Jentz‚ 2008‚ p.50). However‚ both parties must sign and agree to the above statement for it to be acknowledged as a legal judgment. In the case of Thomas Baker and Osborne Development Corporation it gets a little bit more involved. For starters‚ Osborne Development purchased the home warranty program administered by Home Buyers Warranty and signed the agreement of
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A L T E R N A T I V E D I S P U T E R E S O L U T I O N I N I N D I A SUBMITTED TO: Prof. VIKRAM KUMAR SUBMITTED BY: AKANKSHA PRIYA ROLL NO. 105. A C K N O W L E D G E M E N T Before starting this project we would like to thank my faculty‚ Prof. Vikram Kumar for giving me such a wonderful topic to work on. The topic was really nice and I were very interested in doing this
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Critical Analysis of the Case of Salem Advocates Bar Association v. Union of India. (2005) 6 SCC 344 Facts of the Case The present case Salem Advocate Bar Association v. Union of India[1] is basically an aftermath of the original case Salem Advocates Bar Association‚ Tamil Nadu. v. Union of India[2]. The Honorable Judges presiding over the case were Y.K. Sabharwal‚ D.M. Dharmadhikari and Tarun Chatterjee. The subject is basically related to Constitution and is a case of civil nature. In the former
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ensuring the finality of arbitral awards‚ the court must also safeguard the countervailing public interest in ensuring that its processes are not abused by litigants. [emphasis added] 36 In this connection‚ we note that the authors of Singapore Arbitration Legislation ([23]supra) take the view that the threshold for invoking public policy to resist enforcement of a foreign arbitral award (pursuant to s 31(4)(b) of the IAA) is more stringent than that for invoking
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contending unions shall represent employees in collective bargaining. This is handling by “Med-Arbiters” of DOLE Regional Offices after certification of consent elections. F. Arbitration – the submission of a dispute to an impartial person for determination on the basis of evidence and arguments of the parties. Arbitration‚ unlike conciliation or mediation‚ is adjudication and the arbitrator’s decision or award is enforceable upon the disputants.
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