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Canadian Law > Arbitration
The following information is about Arbitration.
Arbitration Defined
A alternative dispute resolution method by which an independent, neutral third person ("arbitrator") is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an "award." Compare with mediation.
This definition is in context to Canadian Law. See more contextual defintions for Arbitration.
Transcript: Ziegelbauer, HTR Q--A on county government finances
Published July 4, 2009, 2:15 am, Manitowoc Herald Times Reporter
This is a transcript of a 70-minute question-and-answer session about Manitowoc County government finances. It was conducted Tuesday, June 30, 2009, at the Herald Times Reporter between County Executive Bob Ziegelbauer and Charlie Mathews, Pat Pankratz, Dylan Tomlinson and Steve Reed of the HTR.
Premier reneged on agreement, affidavit states
Published July 4, 2009, 2:08 am, Telegraph-Journal
Premier Shawn Graham reneged on a verbal agreement with the province's doctors that they could accept a wage freeze after their new four-year deal expired, legal documents filed with the Court of Queen's Bench state.
Albany chaos continues as Governor threatens to withhold pay for Senators
Published July 3, 2009, 11:32 pm, Queens Courier
After another day of grappling over who has control of the Senate and failing to get any legislative work accomplished, Governor David Paterson told Senate leaders of both parties to agree to attend a special session on Thursday, June 25, or else he will seek a court order compelling them to do so.
No severance pay riles workers of doomed plant
Published July 3, 2009, 11:30 pm, St. Catharines Standard
NIAGARA FALLS — The courts might have to sort out the issue of severance pay for workers who lost their jobs at the Edscha plant in Niagara Falls.[...]
Union contracts up for vote next week
Published July 3, 2009, 11:08 pm, The Westerly Sun
HOPKINTON — The Town Council is expected to consider approving contracts for three unions next week after the existing pacts expire tomorrow.
Passaic mover will settle with customers
Published July 3, 2009, 10:35 pm, The Record and Herald News
PASSAIC — A city moving company has reached a settlement with the state, closing an investigation into complaints that the company violated the state Consumer Fraud Act.
California, here we come; and a rape case vanishes
Published July 3, 2009, 10:34 pm, Journal Inquirer
At the state Capitol the charades continue. The General Assembly's Democratic majority has contrived unreal numbers for an imaginary budget so it can be said to have passed something, though it is sure to be vetoed by Governor Rell and sure not to be re-passed over her veto.
Sad day for workers at Edscha
Published July 3, 2009, 1:15 pm, Niagara Falls Review
The courts will probably end up having to sort it out when it comes to the issue of severance pay for those workers who have lost their jobs at the Edscha plant in Niagara Falls, but where does that leave other workers in Canada who might find themselves in a similar situation sometime in the [...]
I. THE IRS CHALLENGE
Published July 3, 2009, 9:22 am, Mondaq
As agencies go, the IRS is modest in size, representing 3 percent of federal employees and less than 4 percent of 2008 budget expenditures. Yet it collects most of the money that propels the government's important programs.
Perenco will protect its rights in Ecuadorian oil seized in defiance of International Arbitration Tribunal Orders
Published July 3, 2009, 7:19 am, Oil Online
Perenco Ecuador Limited announced that it is prepared to take legal action against any company that purchases or transports crude oil the Ecuadorian Government has unlawfully seized.
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Off-site Arbitration Links, User Submitted
The following links have been collected through user bookmark submission in the Arbitration category. Please note, because these resources are off-site we cannot guarantee the accuracy or quality of any information.
Thu Jul 2
- More U.S. Courts Permit Discovery in Aid of Foreign Arbitrations, But Texas Dissents: U.S.C. § 1782 | K&L Gates, Newsstand, Arbitration World, May 2009: by Abram I. Moore - short notes on Hallmark Capital, Babcock Borsig and the two decisions in Comision Ejecutiva (Delaware and Texas)
Tue Jun 30
- Should Securities Arbitration Be Mandatory? - Forbes.com: Forbes article on arbitration in securities contracts and the Obama administration 's suggestion that the use of binding pre-dispute clauses be investigated
- Are There Ethical Standards for Medical Arbitration Agreements? | InjuryBoard Redding: An opinion on the ethics of requiring binding arbitration to treat patients
- Federal District Court Refuses to Enforce Subpoena for Foreign Insurance Arbitration (Adopts Minority Position) | The Insurance and Reinsurance Report on Jun 19, 2009: In re an Arbitration in London, England between Northfolk Southern Corp. et al v. ACE Bermuda LTD (Northern District Ill., June 15, 2009). -- With link to fulltext PDF of the decision
Mon Jun 29
- More on the Balance Billing Mediation Bill in Texas... ~ The National Arbitration Forum Blog: story about Holly Bovio's first post on Disputing, for Karl Bayer
- Extension of subjective scope of arbitration clauses under Swiss law upon request of respondent | Phillip Landolt on Apr 22, 2009 (via Lexology): Phillip Landolt for Charles Russell LLP -- Note on BGer, 4A_376/2008 -- "As broad a weave as is the Swiss Supreme Court?s review of arbitration awards for consistency with public policy, its review for arbitral jurisdiction is increasingly emerging as a tight one, and thus the route to go for any party discontented with an arbitration in Switzerland. This is trenchantly in evidence in a recently released decision (4A_376/2008) of the Swiss Supreme Court. The Court substituted its view of jurisdiction for that not only of the sole arbitrator but also of the ICC Court"
- Supreme Court annuls ICC interlocutory award and allows the joinder to an arbitration of parties who were not signatory to the arbitration agreement | Herbert Smith LLP on Jun 3, 2009 (via Lexology): Herbert Smith LLP -- Note on BGer, 4A_376/2008 -- "In a decision which has been welcomed by many practitioners, the Swiss Federal Supreme Court has allowed a plea by the respondent to an ICC arbitration for the joinder of three additional parties, non-signatory to the relevant arbitration clause. In so doing, it annulled an interlocutory award of the tribunal and a decision of the ICC Court denying that plea."
- 4A_376/2008 (05.12.2008) - arbitrato internazionale , competenza, interpretazion e di un patto d'arbitrato, estensione del patto d'arbitrato a terzi
- LEXtra - Aggregated Legal News at Netvibes
- Brussels I Review ? Illmer and Steinbruck on the Interface Between Brussels I and Arbitration | Conflict of Laws .net on Jun 24, 2009: "In our brief discussion of the interface between Regulation (EC) No 44/2001 (Brussels I) and arbitration we will focus on the proposals in the Heidelberg Report to include a new Art. 22(6) and a new Art. 27A."
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