Ethical and Practical Guidance to Avoiding Pitfalls When Drafting Arbitration Clauses. October 11, 2016
|
|
- Barrie Ezra Patterson
- 6 years ago
- Views:
Transcription
1 Ethical and Practical Guidance to Avoiding Pitfalls When Drafting Arbitration Clauses October 11, 2016 LIONEL M. SCHOOLER JACKSON WALKER, L.L.P McKinney, Suite 1900 HOUSTON, TEXAS (713) (713) (FAX) Lionel M. Schooler 2016
2 2 TOPICS FOR DISCUSSION
3 3 THE EASY WAY OUT Elderly couple from the East Coast involved in a real estate dispute concerning property located in Houston. The arbitration clause applicable to their dispute stated as follows:
4 4 THE EASY WAY OUT All disputes shall be arbitrated according to the laws of the United States
5 5 NUTS AND BOLTS OF ARBITRAL PROCESS Scope of the Dispute What issues are to be arbitrated? Can some issues be excluded? Ethical Restrictions? (Employment Cases) Class Action waiver? Specifying venue in a distant locale?
6 NUTS AND BOLTS OF ARBITRAL PROCESS Flexibility of Arbitration--Tailoring the process to fit the scope of the dispute One arbitrator vs. three arbitrators? How much money do you want to spend? What should the qualifications of the arbitrators be? What authority do you want to give the arbitrator (can he/she decide his own jurisdiction)? Lionel M. Schooler
7 7 NUTS AND BOLTS OF ARBITRAL PROCESS How are the arbitrators to be selected -- neutral or party-appointed? Which statute will govern the Arbitration (FAA vs. TAA)?
8 8 NUTS AND BOLTS OF ARBITRAL PROCESS Ethical Issues in Drafting Choice of Law: Differences between FAA and TAA arbitration and impact upon drafting Ethical Issues in structuring arbitration process: Cannot change horses in midstream
9 9 NUTS AND BOLTS OF ARBITRAL PROCESS Difference between choice of law and governing arbitration statute Ethical Example: battle of conflicting governing laws Ethical Example: restricting who can participate in the arbitration
10 10 NUTS AND BOLTS OF ARBITRAL PROCESS Will the Arbitration be administered? If so, by whom? ( Ad Hoc proceedings) Who pays costs of administration? Ethical Consideration: What are the consequences of not paying contractually imposed costs?
11 11 NUTS AND BOLTS OF ARBITRAL PROCESS Who will pay the upfront cost of arbitrating? How long does a party have to file a claim? Ethical Issues: Imposing contractual limitations periods [how short is TOO short?]; Class action waiver?
12 12 ADMINISTERING THE PROCEEDING What if one party refuses to participate? Ethical Issue: Can default be declared? Ethical Issue: Impact of default on nondefaulting party s burden of proof, etc. Ethical Issue: What costs can be imposed upon a party (employment case)?
13 13 LAW OF THE PROCEEDING What substantive law governs the dispute? What rules of procedure govern? (Be careful what you wish for!!) What rules of evidence govern? What discovery shall be permitted, if any? Will I need injunctive relief before the arbitration hearing?
14 14 LAW OF THE PROCEEDING (cont.) What if there is a dispute over discovery before the Arbitration hearing? What if I need to enforce a subpoena before or at the Arbitration hearing? How long shall the parties have to make their respective presentations? Can the arbitrator(s) foreclose a party s presentation for exceeding allocated time?
15 15 GETTING TO AN AWARD When shall the arbitrators decide the case? How shall the arbitrators decide the case? Result only ( X wins ); Reasoned Award ( X wins because..); Findings of Fact/Conclusions of Law Ethical Issue: What is a Reasoned Award?
16 16 ENFORCING/CHALLENGING THE AWARD Does my client have an opportunity to comply with the award without court process? How do the parties enforce / challenge the award? (Confirm; Vacate; Modify) Ethical Issues with Vacatur
17 17 ENFORCING/CHALLENGING THE AWARD Does my client get attorney s fees for having to enforce the award? Ethical Issue: Attorney s fee clauses What right of appeal, if any? (Nafta Traders; Hoskins) Attorney s fees for winning on appeal?
18 QUESTIONS? Lionel M. Schooler
19 LIONEL M. SCHOOLER JACKSON WALKER, L.L.P McKinney, Suite 1900 HOUSTON, TEXAS (713) (713) (FAX) Lionel M. Schooler
20 20 SAMPLE AGREEMENT
21 21 SAMPLE AGREEMENT What follows are sample clauses to use when drafting your arbitration agreement. Think before you use them!
22 22 Sample Arbitration Agreement: Suggested Scope Clause In consideration of their joint efforts to avoid litigation and its attendant costs, delays and risks, the parties agree that all disputes or defaults arising out of or related in any manner to this Agreement or any other document being executed contemporaneously herewith shall be resolved by binding arbitration....
23 23 Sample Arbitration Agreement: Suggested Arbitration Statute Clause... under the Federal Arbitration Act, 9 U.S.C. 1 et seq./ Texas Arbitration Act ( TAA ), TEX. CIV. PRAC. & REM. CODE et seq.,...
24 24 Sample Arbitration Agreement: Suggested Rules Clause... according to the Rules of Commercial Arbitration of the American Arbitration Association ( AAA ) then in effect.
25 25 Sample Arbitration Agreement: Suggested Expanded Review Clause In accordance with the Texas Supreme court holding in Nafta Traders v. Quinn, in an arbitration governed by the TAA, the parties may expand the review of the award by using language such as the following:
26 26 Sample Arbitration Agreement: Suggested Expanded Review Clause "The arbitrator does not have authority (i) to render a decision which contains a reversible error of state or federal law, or (ii) to apply a cause of action or remedy not expressly provided for under existing state or federal law."
27 27 Sample Arbitration Agreement: Suggested Limitations Clause A party who has a claim must initiate the arbitration process in the manner stated herein within one (1) year of the date the Claim arises, or the date by which the claimant knew or should have known under applicable Texas law of the existence of such Claim, but in no event more than two (2) years after the date of this Agreement.
28 28 Sample Arbitration Agreement: Suggested Limitations Addendum Failure to initiate a claim timely bars the prosecution of such a claim, and if a party initiates arbitration where it is later determined by either a court of competent jurisdiction or an arbitration tribunal that the claim was untimely filed without the fault of the Respondent, then the Respondent shall, in addition to any other relief to which it may show itself to be entitled under applicable law, be entitled to recover all attorney s fees and expenses actually incurred because of the filing of such untimely claim.
29 29 Sample Arbitration Agreement: Suggested Court Action Clause Nothing contained herein shall prevent a party from initiating suit in a court of competent jurisdiction in County, Texas, in good faith, for the sole purpose of compelling arbitration, nor shall it prevent any party from requesting from such court, in good faith, to enter any injunctive relief which is otherwise appropriate under Texas law for the limited purpose of maintaining the status quo of the parties pending arbitration, or as part of any final award of arbitration or in aid of arbitration.
30 30 Sample Arbitration Agreement: Suggested Jury Waiver Clause The parties agree that it shall not be a defense to any claim to be arbitrated herein that they were fraudulently induced, or that they relied upon faulty advice of counsel of their own choosing. The parties acknowledge that they have been advised by attorneys of their own choosing that in signing this Agreement, they are irrevocably waiving their rights to a trial before a judicial tribunal or trial by jury in any court, except as is necessary to enforce this Agreement or any award resulting from arbitration under this Agreement.
31 31 Sample Arbitration Agreement: Suggested Panel Composition Clause The dispute shall be resolved by a single neutral/three neutral arbitrators, chosen by the parties from the AAA s list of arbitrators who have experience in real estate / construction / financing / employment / commercial / transactional matters covered by this Agreement and any other document being executed contemporaneously herewith.
32 32 Sample Arbitration Agreement: Suggested Locale Clause The arbitration shall be conducted at such offices in Houston, Harris County, Texas, as shall be mutually agreed by the parties or, if not agreed, as shall be designated by the Arbitration Panel.
33 33 Sample Arbitration Agreement: Suggested Choice of Law Clause Texas law shall govern this proceeding.
34 34 Sample Arbitration Agreement: Suggested Fees Clause The parties shall initially bear equally, one-half by Claimant and one-half by Respondent, the costs of such arbitration. [IN EMPLOYMENT CASES] Except for an initial deposit not exceeding $100, Claimant shall not bear any other initial cost of this proceeding.
35 35 Sample Arbitration Agreement: Suggested Default Clause The parties further agree that failure to pay shall constitute a default under this Agreement. If at any time a party shall fail to pay when due any amount requested by the AAA as part of the cost of arbitration, and shall thereafter fail within ten (10) days to pay such amount in full after having received from the AAA a written request to do so, then that party shall be deemed irrevocably to have waived all claims for affirmative relief and all defenses to claims for relief by the non-defaulting party. The non-defaulting party shall have the right to be awarded and to recover from the defaulting party reasonable attorney s fees because of such default, in addition to any other relief to which it or they may be entitled.
36 36 Sample Arbitration Agreement: Suggested Time Limits Clause The parties agree that they intend by entering into this arbitration agreement to save time and expense, and accordingly agree to the following time limits of presentation: (1) For any claim filed where the amount being sought is less than $, the party prosecuting such claim shall have day(s) of arbitration time to present such claim. If the amount being sought exceeds $, the party prosecuting such claim shall have time to present such claim as the Arbitrators shall declare.
37 37 Sample Arbitration Agreement: Suggested Time Limits Clause (cont d) The party defending such claim shall have an equal amount of time to present a defense. Any party exceeding its established time limit shall be responsible for the full cost of any additional day of presentation time for its claim or defense, including the attorney s fees of the opposing party for each such day.
38 38 Sample Arbitration Agreement: Suggested Additional Recovery Clause In any arbitration proceeding conducted subject to these provisions, the arbitrator shall be authorized to award to the prevailing party in such proceeding a reasonable attorney s fee, prejudgment interest at the rate of ( %) percent per annum, simple interest, and the costs of this arbitration, in addition to any other relief to which it or they may be entitled.
39 Sample Arbitration Agreement: Suggested Timing of Award Clause The award shall be rendered within thirty (30)/ten (10) days after the close of the hearing in accordance with the AAA Rules then in effect. In rendering an award, the arbitrator shall state the reasons/issue findings of fact and conclusions of law/identify the prevailing party, including any computations of actual damages or offsets, if applicable. Lionel M. Schooler
40 40 Sample Arbitration Agreement: Suggested Post-Award Interest Clause The award shall bear interest on the amount owing at the rate of ( %) percent per annum, simple interest, from the date of issuance until the date paid in full.
41 41 Sample Arbitration Agreement: Suggested Enforcement Clauses The prevailing party shall be entitled to seek enforcement in any court of competent jurisdiction in County, Texas,... and shall be entitled to recover, in addition to the award, an additional amount equal to the attorney s fees actually incurred for enforcement of the award,... together with interest thereon at the rate of ( %) percent per annum, simple interest.
GETTING THE ARBITRATION YOU WANT
GETTING THE ARBITRATION YOU WANT PORTER HEDGES CONSTRUCTION PRACTICE GROUP CLIENT BREAKFAST October 7, 2015 Allison J. Snyder Porter Hedges, LLP Houston, Texas asnyder@porterhedges.com David D. Peden Porter
More informationARBITRATION: CHALLENGES TO A MOTION TO COMPEL
ARBITRATION: CHALLENGES TO A MOTION TO COMPEL TARA L. SOHLMAN 214.712.9563 Tara.Sohlman@cooperscully.com 2019 This paper and/or presentation provides information on general legal issues. I is not intended
More informationSTREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES
JAMS STREAMLINED ARBITRATION RULES & PROCEDURES Effective JULY 15, 2009 STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution Centers
More informationNABORS INDUSTRIES, INC. HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL
SUBJECT EMPLOYEE DISPUTE RESOLUTION PROGRAM SECTION MISCELLANEOUS NUMBER PAGE - 1 of 13 EFFECTIVE DATE - SUPERCEDES ISSUE January 1, 2002 DATED - May 1, 1998 1. Purpose and Construction The Program is
More informationCourt of Appeals Ninth District of Texas at Beaumont
In The Court of Appeals Ninth District of Texas at Beaumont NO. 09-18-00009-CV MARK O. MIDANI AND MIDANI, HINKLE & COLE, LLP, Appellants V. ELIZABETH SMITH, Appellee On Appeal from the 172nd District Court
More informationStreamlined Arbitration Rules and Procedures
RESOLUTIONS, LLC s GUIDE TO DISPUTE RESOLUTION Streamlined Arbitration Rules and Procedures 1. Scope of Rules The RESOLUTIONS, LLC Streamlined Arbitration Rules and Procedures ("Rules") govern binding
More informationTHE PHI KAPPA TAU FRATERNITY CLAIM AND DISPUTE RESOLUTION PLAN AND RULES
CLAIM AND DISPUTE RESOLUTION PLAN AND RULES CLAIM AND DISPUTE RESOLUTION PLAN 1. Purpose and Construction The Plan is designed to provide for the quick, fair, accessible, and inexpensive resolution of
More informationColdwell Banker Residential Referral Network
Coldwell Banker Residential Referral Network INDEPENDENT CONTRACTOR AGREEMENT 1. PARTIES. The parties to this Agreement ( Agreement ) are ( Referral Associate ) and Coldwell Banker Residential Referral
More informationTEXAS CIVIL PROCEDURE UPDATE
TEXAS CIVIL PROCEDURE UPDATE Professor Elaine Grafton Carlson South Texas College of Law 1303 San Jacinto, Suite 755 Houston, Texas 77002 (713) 646 1870 ecarlson@stcl.edu Courtney Taylor Carlson Jackson
More informationMinnesota No-Fault, Comprehensive or Collisions Damage Automobile Insurance Arbitration RULES
Minnesota No-Fault, Comprehensive or Collisions Damage Automobile Insurance Arbitration RULES Amended and Effective August 5, 2003 Rule 1. Purpose and Administration a. b. c. The purpose of the Minnesota
More informationADR CODE OF PROCEDURE
Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims
More informationArbitration Law Update. David Salton March 31, 2010
Arbitration Law Update David Salton March 31, 2010 TOPICS JUDICIAL REVIEW OF ARBITRATION AWARDS WHEN CAN AN AWARD BE OVERTURNED? WAIVING YOUR RIGHT TO ARBITRATE FEDERAL ARBITRATION ACT v. TEXAS ARBITRATION
More informationMaximizing Arbitration Efficiency and Effectiveness: Don t Treat Your Arbitration Like the Courtroom
Maximizing Arbitration Efficiency and Effectiveness: Don t Treat Your Arbitration Like the Courtroom Keith Clouse Alyson Brown Cecilia Morgan Karen Willcutts Dallas Bar Association Labor & Employment Section
More informationTUNICA-BILOXI TRIBE OF LOUISIANA ARBITRATION CODE GENERAL PROVISIONS
SECTION 1 SHORT TITLE TUNICA-BILOXI TRIBE OF LOUISIANA ARBITRATION CODE GENERAL PROVISIONS This Code may be cited as the Tunica-Biloxi Arbitration Code. SECTION 2 AUTHORITY AND PURPOSE 2.1 The Tunica-Biloxi
More informationCOMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES
COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES Effective October 1, 2010 JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution
More informationwhich shall govern any matters not specifically addressed in these rules.
INTERNATIONAL ARBITRATION PART RULES -- PART 53 These International Arbitration Part Rules supplement the Part 53 Practice Rules, which shall govern any matters not specifically addressed in these rules.
More informationARBITRATION RULES. Commercial Brokers Association
ARBITRATION RULES 1. Conduct of Hearings. All hearings shall be conducted in accordance with these Rules, and any procedures and forms approved by the Board of Directors. 2. Small Claims. All disputes
More informationConsolidated Arbitration Rules
Consolidated Arbitration Rules THE LEADING PROVIDER OF ADR SERVICES 1. Applicability of Rules The parties to a dispute shall be deemed to have made these Consolidated Arbitration Rules a part of their
More informationSCHEDULE 2 to Collateral Annex (with Optional Changes)
SCHEDULE 2 to Collateral Annex (with Optional Changes) *Each redline edit below represents an acceptable modification to the standard form of Guaranty that a Guarantor can adopt. GUARANTY THIS GUARANTY
More informationAGREEMENT TO ARBITRATE FULL CAPTION: Description of Dispute: Briefly describe dispute and whqat you are seeking in damages or relief:
AGREEMENT TO ARBITRATE FULL CAPTION: The parties agree to Arbitrate the dispute described below according to the Arbitration Rules (Rules) attached as Addendum A as administered by Following is a description
More informationUNIFORM ARBITRATION ACT 1955 ACT. An Act relating to arbitration and to make uniform the law with reference thereto
UNIFORM ARBITRATION ACT 1955 ACT An Act relating to arbitration and to make uniform the law with reference thereto Section 1. Validity of Arbitration Agreement. 2. Proceedings to Compel or Stay Arbitration.
More informationARBITRATION PROVISION
ARBITRATION PROVISION READ THIS ARBITRATION PROVISION SET OUT BELOW CAREFULLY. IF YOU DO NOT REJECT ARBITRATION IN ACCORDANCE WITH PARAGRAPH 1 BELOW, THIS ARBITRATION PROVISION WILL GOVERN ANY AND ALL
More informationRecent Developments in Federal and State Arbitration Law
Recent Developments in Federal and State Arbitration Law by Shelly L. Ewald, Senior Partner Watt Tieder Newsletter, Winter 2005-2006 Despite the extensive history and widespread adoption of arbitration
More informationCommercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)
Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) Rules Amended and Effective October 1, 2013 Fee Schedule Amended and Effective June 1,
More informationARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL
ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL TABLE OF CONTENTS I. THE RULES AS PART OF THE ARBITRATION AGREEMENT PAGES 1.1 Application... 1 1.2 Scope... 1 II. TRIBUNALS AND ADMINISTRATION 2.1 Name
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 WHEN SILENCE ISN T GOLDEN: DRAFTING
More informationPART I ARBITRATION - CHAPTER I
INDIAN BARE ACTS THE ARBITRATION AND CONCILIATION ACT, 1996 No.26 of 1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration
More informationMARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC.
MARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC. These Rules apply to contracts entered into on or after March 14, 2018 P R E A M B L E INTERPRETATION AND APPLICATION OF RULES The powers
More informationIVAMS Administrative and Arbitration Rules (Amended September 22, 2015) IVAMS Administrative Rules
IVAMS ARBITRATION & MEDIATION SERVICES Corporate Offices: 8287 White Oak Avenue Rancho Cucamonga, CA 91730 Tel: (909) 466-1665 Fax: (909) 466-1796 E-mail: info@ivams.com www.ivams.com IVAMS Administrative
More informationPART 8 ARBITRATION REGULATIONS CONTENTS
PART 8 ARBITRATION REGULATIONS * CONTENTS Section Page 1 Definitions and Interpretations 8-1 2 Commencement 8-2 3 Appointment of Tribunal 8-3 4 Procedure 8-5 5 Notices and Communications 8-5 6 Submission
More informationA Guide to Residential Real Property Arbitration
A Guide to Residential Real Property Arbitration For Use in the State of Minnesota This pamphlet is provided solely for the purpose of helping potential parties to arbitration better understand the process
More informationArbitration-Related Litigation in Texas
Arbitration-Related Litigation in Texas MARK TRACHTENBERG Overview Pre-arbitration litigation Procedures for enforcing arbitration clause Strategies for defeating arbitration clause Post-arbitration litigation
More informationGRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY
ADR FORM NO. 2 GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY 1. General Policy: THIS GRIEVANCE AND ARBITRATION PROCEDURE does
More informationLA. REV. STAT. ANN. 9:
SECTION 1. DEFINITIONS. In this [Act]: (1) Arbitration organization means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Standard Security Life Insurance Company of New York et al v. FCE Benefit Administrators, Inc. Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION STANDARD
More informationArbitration Clauses: Who, What, When, Where, Why & How?
Arbitration Clauses: Who, What, When, Where, Why & How? Foley Hoag Webinar November 1, 2017 Proposal or event name (optional) 2015 2017 Foley Hoag LLP. All Rights Reserved. 1 Speakers John A. Shope Partner,
More informationUniform Arbitration Act. Md. Courts & Judicial Proceedings COURTS AND JUDICIAL PROCEEDINGS TITLE 3. COURTS OF GENERAL JURISDICTION
Uniform Arbitration Act Md. Courts & Judicial Proceedings. 3-201 - 3-234 COURTS AND JUDICIAL PROCEEDINGS TITLE 3. COURTS OF GENERAL JURISDICTION JURISDICTION/SPECIAL CAUSES OF ACTION SUBTITLE 2. ARBITRATION
More informationLIST OF CHAPTERS VOLUME 1 INTRODUCTION TO ALTERNATIVE DISPUTE RESOLUTION IN COLORADO INTRODUCTION TO COLORADO AND FEDERAL LAWS OF ARBITRATION
LIST OF CHAPTERS VOLUME 1 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 INTRODUCTION
More informationMUTUAL AGREEMENT TO ARBITRATE
MUTUAL AGREEMENT TO ARBITRATE 1. Effective Date and Acceptance Date The effective date of this Mutual Agreement to Arbitrate Claims ( Agreement ) is 5/30/2017. Company and Claimant mutually agree to resolve
More informationNational Patent Board Non-Binding Arbitration Rules TABLE OF CONTENTS
National Patent Board Non-Binding Arbitration Rules Rules Amended and Effective June 1, 2014 TABLE OF CONTENTS Important Notice...3 Introduction...3 Standard Clause...3 Submission Agreement...3 Administrative
More informationSource: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000)
Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000) The Arbitration and Conciliation Act, 1996 (No. 26 of 1996), [16th August 1996] India An Act
More informationAgreement to Receive Marketing Messages
Agreement to Receive Marketing Messages By clicking I Agree, you agree and consent to this Agreement to Receive Marketing Messages (Agreement ). You authorize EZCORP Online, Inc. and its subsidiaries,
More informationEmployment Dispute Arbitration Rules and Procedures
Employment Dispute Arbitration Rules and Procedures An employee 1 may obtain a copy of these ACE Companies ("ACE") 2 Employment Dispute Arbitration Rules and Procedures from a human resource representative
More informationSaudi Center for Commercial Arbitration King Fahad Branch Rd, Al Mutamarat, Riyadh, KSA PO Box 3758, Riyadh Tel:
SCCA Arbitration Rules Shaaban 1437 - May 2016 Saudi Center for Commercial Arbitration King Fahad Branch Rd, Al Mutamarat, Riyadh, KSA PO Box 3758, Riyadh 11481 Tel: 920003625 info@sadr.org www.sadr.org
More informationCPR Arbitration Appeal Procedure and Commentary
CPR Arbitration Appeal Procedure and Commentary Revision History 1999 CPR published the Arbitration Appeal Procedure. 2002 Minor editorial revisions; Case law updates added to Commentary. 2007 Minor edits
More informationARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties
ARBITRATION RULES 1. Agreement of Parties The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by ADR Services, Inc. (hereinafter
More informationDC CAUSE NO. CDK REALTY ADVISORS, LP IN THE DISTRICT COURT. v. DALLAS COUNTY, TEXAS. Defendant. JUDICIAL DISTRICT
FILED DALLAS COUNTY 2/10/2016 10:50:51 AM FELICIA PITRE DISTRICT CLERK DC-16-01566 Angie Avina CAUSE NO. CDK REALTY ADVISORS, LP IN THE DISTRICT COURT Plaintiff, v. DALLAS COUNTY, TEXAS DALLAS POLICE AND
More informationAct Relating to Arbitration and to Make Uniform the Law with Reference Thereto
Uniform Arbitration Act Introduction This text of the Uniform Arbitration Act (adopted by the National Conference of Commissioners on Uniform State Laws in 1955, amended in 1956, and approved by the House
More informationColeman & Horowitt, LLP CLIENT MEMORANDUM. Discussing Issues of Interest to our Clients COMMONLY ASKED QUESTIONS REGARDING COLLECTIONS
Coleman & Horowitt, LLP CLIENT MEMORANDUM Discussing Issues of Interest to our Clients 499 West Shaw Avenue, Suite 116, Fresno, California 93704 Phone: (559) 248-4820 Fax: (559) 248-4830 1880 Century Park
More informationWills and Trusts Arbitration RULES
Wills and Trusts Arbitration RULES Effective September 15, 2005 Introduction Standard Arbitration Clause Administrative Fees Wills and Trusts Arbitration Rules 1. Incorporation of These Rules into a Will
More informationAssociation of Workplace Investigators Training Institute RETENTION AGREEMENTS. By: Pamela L. Hemminger
Association of Workplace Investigators Training Institute RETENTION AGREEMENTS By: Pamela L. Hemminger pamela.hemminger@gmail.com Lindsay Harris lindsay_harris@sbcglobal.net It is critical that an outside
More informationMediator and Miscellaneous Provisions. ARTICLE 1 MEDIATION
CHAPTER 43A GUAM MEDIATION CHAPTER SOURCE: Chapter 43A added by P.L. 27-081:6 (April 30, 2004), and became effective upon enactment. In light of the creation of a new Chapter 43A, the sections were renumbered
More informationARTICLE 1 GENERAL PROVISIONS
CHAPTER 42A GUAM INTERNATIONAL ARBITRATION NOTE: Chapter 42A was added by by P.L. 27-081:3 (April 30, 2004), and became effective upon enactment. In light of the creation of a new Chapter 42A, the sections
More informationWills and Trusts Arbitration RULES
Wills and Trusts Arbitration RULES Rules Amended and Effective June 1, 2009 Introduction Standard Arbitration Clause Administrative Fees Wills and Trusts Arbitration Rules 1. Incorporation of These Rules
More informationContractual Clauses That Impact Disputes. By David F. Johnson
Contractual Clauses That Impact Disputes By David F. Johnson Introduction In the process of drafting contracts, parties can shape the process for resolving their future disputes. They can potentially select
More informationICDR INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION ARBITRATION RULES
APPENDIX 3.8 ICDR INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION ARBITRATION RULES (Rules Amended and Effective June 1, 2009) (Fee Schedule Amended and Effective June 1, 2010) Article 1 a. Where parties have
More informationNC General Statutes - Chapter 1 Article 45C 1
Article 45C. Revised Uniform Arbitration Act. 1-569.1. Definitions. The following definitions apply in this Article: (1) "Arbitration organization" means an association, agency, board, commission, or other
More informationFORM OF PARK AND LOAN SERVICE AGREEMENT AGREEMENT FOR PARK AND LOAN SERVICE VECTOR PIPELINE L.P.
FORM OF PARK AND LOAN SERVICE AGREEMENT AGREEMENT FOR PARK AND LOAN SERVICE VECTOR PIPELINE L.P. Park and Loan Service Agreement No. THIS AGREEMENT FOR AUTHORIZED PARK AND LOAN SERVICE of Natural Gas (hereafter
More informationCLAIM SERVICE AGREEMENT
CLAIM SERVICE AGREEMENT This Claim Service Agreement (as it may be amended from time to time, this Agreement ), dated as of,, 2009, by and between [..], a New York Insurance Company ( Purchaser ), Eric
More informationRULE 24. Compulsory arbitration
RULE 24. Compulsory arbitration (A) Cases for arbitration (1) Any judge of the general division of the Court of Common Pleas may at the case management conference or thereafter order and schedule, by entry,
More informationJAMS International Arbitration Rules & Procedures
JAMS International Arbitration Rules & Procedures Effective September 1, 2016 JAMS INTERNATIONAL ARBITRATION RULES JAMS International and JAMS provide arbitration and mediation services from Resolution
More informationFORM OF TITLE TRANSFER SERVICE AGREEMENT FOR TITLE TRANSFER SERVICE UNDER RATE SCHEDULE TTS
FORM OF TITLE TRANSFER SERVICE AGREEMENT FOR TITLE TRANSFER SERVICE UNDER RATE SCHEDULE TTS Title Transfer Service Agreement No. THIS AGREEMENT FOR TITLE TRANSFER SERVICE ("TTS Agreement" or "Agreement")
More informationMastering Civil Procedure Checklist
Mastering Civil Procedure Checklist For cases originally filed in federal court, is there an anchor claim, over which the court has personal jurisdiction, venue, and subject matter jurisdiction? If not,
More informationWIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES
APPENDIX 3.17 WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES (as from 1 October 2002) I. GENERAL PROVISIONS Abbreviated Expressions Article 1 In these Rules: Arbitration Agreement means
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA. This matter comes before the Court on Defendant Verizon Wireless Services
CARLO MAGNO, v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Plaintiff, CASE NO. C- ORDER GRANTING MOTION TO COMPEL ARBITRATION EXPERIAN INFORMATION SOLUTIONS, INC., et al., Defendants.
More informationhcm Doc#303 Filed 06/24/15 Entered 06/24/15 13:51:06 Main Document Pg 1 of 7
15-10336-hcm Doc#303 Filed 06/24/15 Entered 06/24/15 13:51:06 Main Document Pg 1 of UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION FBS PROPERTIES, INC. (CHAPTER 11) CASE NO. 15-10336
More informationMay 7, Dear Ms. England:
May 7, 1999 Katherine A. England Assistant Director Division of Market Regulation Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Mail Stop 10-1 Re: File No. SR-NASD-99-08
More informationLegal Referral Service Rules for Panel Membership
Legal Referral Service Rules for Panel Membership Joint Committee on Legal Referral Service New York City Bar Association and The New York County Lawyers Association Amended as of May 1, 2015 Table of
More informationThe Construction Specifications Institute
The Construction Specifications Institute 1 What Every Construction Professional Needs to Know about Dispute Resolution Robert Hughes Vice President American Arbitration Association 877.798.5040 hughesr@adr.org
More informationBCM Policies and Procedures
BCM Policies and Procedures 20.8.01 - Research: Inventions and Patents Date: 01/07/2001 Inventions and Patents Last Update: NOTE: Any questions concerning this Policy on Patents and Other Intellectual
More information(01/31/13) Principal Name /PIA No. PAYMENT AND INDEMNITY AGREEMENT No.
PAYMENT AND INDEMNITY AGREEMENT No. THIS PAYMENT AND INDEMNITY AGREEMENT (as amended and supplemented, this Agreement ) is executed by each of the undersigned on behalf of each Principal (as defined below)
More informationDispute Resolution Service. Guide to Arbitration Clauses
Dispute Resolution Service Guide to Arbitration Clauses NOTES B AHLA Dispute Resolution Service INTRODUCTION This guide does not provide legal advice and is not a substitute for such advice. Federal and
More informationCommercial Arbitration 2017
Commercial Arbitration 2017 Last verified on Tuesday 27th June 2017 Vietnam K Minh Dang, Do Khoi Nguyen, Ian Fisher and Luan Tran YKVN LLP Infrastructure 1. The New York Convention Is your state a party
More informationSOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY
SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY Southern Glazer s Arbitration Policy July - 2016 SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY A. STATEMENT
More informationCHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections.
CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections. Section 1. Application. 2. Interpretation. PART I PRELIMINARY. PART II ARBITRATION. 3. Form of arbitration agreement. 4. Waiver
More informationWIPO ARBITRATION AND MEDIATION CENTER
For more information contact the: World Intellectual Property Organization (WIPO) and Mediation Center Address: 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 Switzerland WIPO ARBITRATION AND
More informationProducts of the Mind Require Special Handling:
Products of the Mind Require Special Handling: Arbitration Surpasses Litigation for Intellectual Property Disputes A business s competitive position, even its viability, can depend upon protecting its
More informationConstruction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)
Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) Rules Amended and Effective October 1, 2009 Fee Schedule Amended and Effective
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv MR-DLH
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00132-MR-DLH TRIBAL CASINO GAMING ) ENTERPRISE, ) ) Plaintiff, ) ) vs. ) MEMORANDUM
More informationPREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU. LegalFormsForTexas.Com
Information or instructions: Petition for breach of employment contract & wrongful termination 1. The form that follows this section commences litigation to recover moneys due under an employment contract.
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
MEDIATOR INFORMATION: Telephone: 1 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA Case No: RELEASE AND SETTLEMENT AGREEMENT Date: Time: :0 a.m. Case Assigned to Dept. This Release
More informationRULES FOR KAISER PERMANENTE MEMBER ARBITRATIONS ADMINISTERED BY THE OFFICE OF THE INDEPENDENT ADMINISTRATOR
RULES FOR KAISER PERMANENTE MEMBER ARBITRATIONS ADMINISTERED BY THE OFFICE OF THE INDEPENDENT ADMINISTRATOR AMENDED AS OF JANUARY 1, 2016 TABLE OF CONTENTS A. GENERAL RULES...1 1. Goal...1 2. Administration
More informationFor Preview Only - Please Do Not Copy
Form: Attorney Fee Agreement for Hourly Clients 1. The following form is a longer written fee contract. It may be used to employ the attorney. Use this fee agreement for transactions that require a more
More informationIn The Court of Appeals Fifth District of Texas at Dallas. No CV
Affirmed and Opinion Filed August 3, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00615-CV MARK SCHWARZ, NEWCASTLE CAPITAL MANAGEMENT, L.P., NEWCASTLE CAPITAL GROUP, L.L.C.,
More informationNO CV. IN RE MARK CECIL PROVINE, Relator. Original Proceeding on Petition for Writ of Mandamus * * * NO.
Opinion issued December 10, 2009 In The Court of Appeals For The First District of Texas NO. 01-09-00769-CV IN RE MARK CECIL PROVINE, Relator Original Proceeding on Petition for Writ of Mandamus * * *
More informationCase Document 763 Filed in TXSB on 11/06/18 Page 1 of 18
Case 18-30197 Document 763 Filed in TXSB on 11/06/18 Page 1 of 18 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 LOCKWOOD HOLDINGS, INC., et
More informationSponsored by the International Foundation of Employee Benefit Plans
Employee Benefit Plan Claims Arbitration RULES As Amended and Effective on January 1, 1988 Sponsored by the International Foundation of Employee Benefit Plans Administered by the American Arbitration Association
More informationAAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes)
APPENDIX 4 AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes) Commercial Mediation Procedures M-1. Agreement of Parties Whenever, by
More informationAGREEMENT FOR PHYSICIAN SERVICES RECITALS. B. The District owns and operates Hospital in, Washington (the "Hospital");
AGREEMENT FOR PHYSICIAN SERVICES This Agreement for Physician Services (the "Agreement") is made and entered into as of, by and between Public Hospital District No. of County, Washington (the "District"),
More informationAAA Employment Arbitration Flowchart
AAA Employment Arbitration Flowchart (AAA Employment Arbitration Rules) For detailed information on arbitration under the AAA employment rules, see Practice Note, AAA Employment Arbitration: A Step-by-Step
More informationSECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law
1 1 1 0 1 UNIFORM FAMILY LAW ARBITRATION ACT Revisions July, 0 SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law Arbitration Act. SECTION. DEFINITIONS. In this [act]: (1) Arbitration
More informationCALIFORNIA YACHT BROKERS ASSOCIATION
CALIFORNIA YACHT BROKERS ASSOCIATION The California Yacht Brokers Association was established on January 29, 1975 as a non-profit, unincorporated association of yacht brokers, salespersons and others dedicated
More informationNASD CODE OF ARBITRATION PROCEDURE FOR INDUSTRY DISPUTES
NASD CODE OF ARBITRATION PROCEDURE FOR INDUSTRY DISPUTES As of September 10, 2008 2 TABLE OF CONTENTS Part I Interpretive Material, Definitions, Organization, and Authority IM-13000. Failure to Act Under
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Case :0-cv-0053-RLH-LRL Document Filed 0// Page of 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * ARCHON CORPORATION, Plaintiff, vs. GIBSON, DUNN & CRUTCHER, LLP, Defendant. Case No.: :0-cv-0053-RLH-LRL
More informationAAA Healthcare. Payor Provider Arbitration Rules and Mediation Procedures. Available online at adr.org/healthcare
AAA Healthcare Payor Provider Arbitration Rules and Mediation Procedures Available online at adr.org/healthcare Rules Amended and Effective November 1, 2014 Rules Amended and Effective November 1, 2014.
More informationINTERNATIONAL DISPUTE RESOLUTION PROCEDURES
INTERNATIONAL DISPUTE RESOLUTION PROCEDURES (Including Mediation and Arbitration Rules) Rules Amended and Effective June 1, 2014 available online at icdr.org Table of Contents Introduction.... 5 International
More informationDISPUTE RESOLUTION RULES
DISPUTE RESOLUTION RULES First Issued: March 1998 Amended: November 1999 Amended: July 2000 Amended: September 2001 Amended: September 2003 Amended: October 2004 Amended: May 2005 Amended: September 2005
More informationAPPENDIX 5: SAMPLE LIMITED SCOPE LEGAL SERVICES RETAINER AGREEMENT (No. 1)*
APPENDIX 5: SAMPLE LIMITED SCOPE LEGAL SERVICES RETAINER AGREEMENT (No. 1)* This agreement is made between the attorney and client named at the end of this agreement. 1. Nature of Agreement. This agreement
More information- legal sources - - corpus iuris -
- legal sources - - corpus iuris - contents: - TABLE OF CONTENT; EDITORIAL - ARBITRATION RULES OF THE STOCKHOLM CHAMBER OF COMMERCE - UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION - CONVENTION
More informationNew Jersey No-Fault Automobile Arbitration RULES. Effective May 1, New Jersey No-Fault Automobile Arbitration Rules
New Jersey No-Fault Automobile Arbitration RULES Effective May 1, 2003 1. New Jersey No-Fault Automobile Arbitration Rules New Jersey automobile insurance law was amended in 1998 to require that all automobile
More information