Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A “Dispute” is any controversy or claim between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present or future, including events that occurred prior to any Card being provided to you or any value loaded onto your Card), based on any legal or equitable theory (tort, contract, or otherwise), and regardless of the type of relief sought (i.e. money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon Transactions posted to your Account, marketing or solicitations to obtain your Card or Account, and the handling of your Card and Account whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, or common law, and including any issue concerning the validity, enforceability, or scope of this arbitration agreement.
Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A Dispute is any controversy or claim between you and the Bank, its marketing agent, collection agent, any subsequent holder of your Elastic Account, or any of their respective agents, affiliates, assigns, employees, officers, managers, members or shareholders (each considered a Holder for purposes of this Arbitration Agreement). The term Dispute is given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to the opening of your Elastic Account), based on any legal or equitable theory (tort, contract, or otherwise), and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). An example of a Dispute includes, without limitation, any claim arising from, related to or based upon marketing or solicitations to obtain the loan and the handling or servicing of your Elastic Account whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, or common law, and including any issue concerning the validity, enforceability, or scope of this loan or the Arbitration Agreement. You acknowledge and agree that by entering into this Arbitration Agreement: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A Dispute is any controversy or claim between you and the Bank, its marketing agent, collection agent, any subsequent holder of your Elastic Account, or any of their respective agents, affiliates, assigns, employees, officers, managers, members or shareholders (each considered a Holder for purposes of this Arbitration Agreement). The term Dispute is given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to the opening of your Elastic Account), based on any legal or equitable theory (tort, contract, or otherwise), and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). An example of a Dispute includes, without limitation, any claim arising from, related to or based upon marketing or solicitations to obtain the loan and the handling or servicing of your Elastic Account whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, or common law, and including any issue concerning the validity, enforceability, or scope of this loan or the Arbitration Agreement.
Arbitration Defined. A grievance which was not resolved at Step 3 under the grievance procedure may be submitted by the Union to arbitration. The arbitration may be initiated by filing with the Committee and the American Arbitration Association a request for arbitration. The notice shall be filed within thirty (30) school days after denial of the grievance at Step 3 under the grievance procedure, provided, however, if the Union did not receive a written reply from the Superintendent at Step 3, then said time limit shall be extended to sixty (60) school days after the Step 3 hearing. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding. The Union will make a reasonable effort to use no more that two (2) witnesses during the same school hours in arbitration cases.
Arbitration Defined. Arbitration is a process in which persons with a dispute (1) waive their rights to file a lawsuit and proceed in court before a judge or jury; and (2) agree, instead, to submit their dispute to a neutral third person known as an “arbitrator” for a decision resolving the dispute. Each party to an arbitration has an opportunity to present evidence to the arbitrator although the ability to conduct discovery is limited. Arbitration proceedings are private and less formal than court proceedings. The arbitrator will issue a final and binding decision resolving the dispute. That decision may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
Arbitration Defined. Arbitration is the reference of a dispute or difference between not less than two parties for determination, after hearing both parties in a judicial manner, by a person or persons other than a court of competent jurisdiction.2 It is a dispute resolution mechanism whereby the disputing parties choose one or more 2 Xxxxxxxx’s Laws of England 3rd Ed Vol 2. neutral third parties to reach a binding decision resolving the dispute. Also according to Xxxxxxxx’s Law of England arbitration is “a written agreement to submit present and future differences to arbitration is named therein or not.”3 This is a narrow definition of what arbitration is. It failed to recognize oral agreement between parties to refer future or present dispute to arbitration. In our indigenous communities, submission to arbitration is a process orally agreed upon by the parties. Its oral nature does not make it any less an agreement to submit to arbitration. This definition therefore covers arbitration conducted under the Act which must conform to written principles for it to be controlled by the Act. Arbitration therefore is an alternative dispute resolution mechanism, a consensual process in which a neutral intermediary appointed by the parties themselves renders a binding and enforceable decision after hearing the parties in judicial manner. The very essence of arbitration was underscored by the Court of Appeal in Osagie & Ors v Obazee and Ors4 where the court stated that: 3 Halsbury’s Laws of England; NNPC v Lutio Investment Ltd. (2006) NSCOR 77 at 112, Kano State Urban Development Board v Fanz Construction Ltd (1990) 4 NWLR (Pt. 142) 32. 4 (2013) LPELR-21994(CA) Per LokulSodipe JCA pp33-34 para. G-D; …The very essence of arbitration is not only alternative dispute resolution, but the promotion of the public policy to the effect that it is in the interest of the community that there should be an end to disputes. Where parties and concerned members of the community elect that a dispute be settled out of court and in furtherance of the same there was mediation and the terms of settlement announced which are acceptable to the parties, the court of justice should not treat such mediation lightly. Since agreements are meant to be honoured and equity acts in personam, the law and equity will act in unison to estopa party to such mediation or out of court settlement who had accepted the terms of settlement from reneging and acting to the contrary of what he had accepted. In addition to arbitrati...
Arbitration Defined. A grievance which was not resolved at Step 3 under the grievance procedure may be submitted by the Union to ar- bitration, except that the following matters shall not be arbi- trable: – performance evaluations–procedures and marks; – methods of assignment; – non-renewals, non-assignment disciplinary actions and dis- missals; – claims of unfair or inequitable treatment allegedly contrary to policy or past practice; – grievances filed by or on behalf of per diem substitutes. The arbitration may be initiated by filing with the Com- mittee and the American Arbitration Association a request for arbitration. The notice shall be filed within thirty (30) school days after denial of the grievance at Step 3 under the grievance procedure, provided, however, if the Union did not receive a written reply from the Superintendent at Step 3, then said time limit shall be extended to sixty (60) school days after submis- sion of the grievance to the Superintendent at Step 3. The vol- untary labor arbitration rules of the American Arbitration As- sociation shall apply to the proceeding. The Union will make a reasonable effort to use no more that two (2) witnesses during the same school hours in arbitra- tion cases.
Arbitration Defined. A grievance which was not resolved at Step 3 under the grievance procedure may be submitted by the Union to arbitration, except that the following matters shall not be arbitrable: – performance evaluations–procedures and marks; – methods of assignment; – non-renewals, non-assignment disciplinary actions and dismissals; – claims of unfair or inequitable treatment allegedly contrary to policy or past practice; – grievances filed by or on behalf of per diem substitutes. The arbitration may be initiated by filing with the Committee and the American Arbitration As- sociation a request for arbitration. The notice shall be filed within thirty (30) school days after denial of the grievance at Step 3 under the grievance procedure, provided, however, if the Union did not receive a written reply from the Superintendent at Step 3, then said time limit shall be extended to sixty (60) school days after submission of the grievance to the Superintendent at Step 3. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding. The Union will make a reasonable effort to use no more that two (2) witnesses during the same school hours in arbitration cases.
Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A “Dispute” is any controversy or claim between you and Bank, its marketing agent, collection agent, any subsequent holder of your Elastic Account, or any of their respective agents, affiliates, assigns, employees, officers, managers, members or shareholders (each considered a “Holder” for purposes of
Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A “Dispute” is any controversy or claim between you and Bank, its marketing agent, collection agent, any subsequent holder of your Elastic Account, or any of their respective agents, affiliates, assigns, employees, officers, managers, members or shareholders (each considered a “Holder” for purposes of this Agreement). The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to the opening of your Elastic Account), based on any legal or equitable theory (tort, contract, or otherwise), and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim arising from, related to or based upon marketing or solicitations to obtain the loan and the handling or servicing of your Elastic Account whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, or common law, and including any issue concerning the validity, enforceability, or scope of this loan or the Arbitration Agreement.
