Instead of judges, cases are decided by arbitrators who sometimes consider the companies that routinely bring them business their clients, according to interviews with arbitrators.
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"The court quashed the judgments by the international arbitrators on the ground that they had no power to intervene in these matters as arbitrators," the ruling said.
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Also, the arbitrators would be lawyers or former judges and would have some background in football, the Journal said, adding that the selection procedure for the arbitrators is still not clear.
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Arbitrators, of course, aren't subject to the federal judiciary's rules.
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Bottom line ... they need more time and more black arbitrators.
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The Perezes couldn't afford to pay for two more arbitrators.
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Arbitrators are still considering appeals to the country's doping ban.
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The Dispute Settlement Body (DSB) that adopted the arbitrators' Oct.
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"By nature of the fact that arbitrators are hired and paid by the parties for whom they conduct private arbitrations, arbitrators have an economic stake in cultivating repeat customers for their services," she wrote.
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Overall, arbitrators reduced or eliminated discipline in 22013% of cases. 246.
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Arbitrators Fredric Horowitz, Andrew Strongin and Margaret Brogan made the decision.
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There's a sort of heads-I-win, tails-you-lose quality to these scenarios: Corporations compel consumers and employees to rely on arbitrators, yet turn to courts to construe ambiguities that arbitrators might decide against them.
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There is also confusion regarding the standard of neutrality for private arbitrators.
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The arbitrators, as is typical, did not provide reasons for their decision.
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There are also private-practice arbitrators who don't belong to any institution.
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The case went to an independent panel of arbitrators which determined his fate.
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Last month arbitrators at the World Bank threw out the lawsuit against Uruguay.
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Unfortunately for Duncan, the arbitrators also found that DLI's claims are time-barred.
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The filings did not cite any legal precedent regarding the race of arbitrators.
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The arbitration procedure, involving a tribunal of three arbitrators (one designated by the EU, one by the United States and one jointly appointed by the EU and U.S. arbitrators), will formally kick off after the summer and could take several months.
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"Arbitrators tend to be white and male," Michael Subit, an employment attorney, told Gizmodo.
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If arbitrators get the law wrong, employees should be able to seek judicial review.
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The ruling was signed by three New York-based arbitrators and dated July 29.
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Consumer advocates say in these cases, the arbitrators are less likely to remain objective.
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Jay-Z's lawyers assert that the lack of African-American arbitrators constitutes racial discrimination.
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Like most judges, arbitrators prefer that the two sides come to their own conclusion.
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Frequently, companies select the arbitrators, proceedings are confidential and decisions are hard to appeal.
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When it comes to employment claims, studies have found that arbitrators overwhelmingly favor employers.
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That ruling from arbitrators in Switzerland is estimated to be about nine months away.
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"The fact that arbitrators have let this draw out for 10 years is shameful."
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Arbitrators awarded monetary damages to the workers in only 2140 percent of those cases.
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WTO arbitrators have yet to set final amounts of potential countermeasures in each case.
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Nursing homes can use the same arbitrators repeatedly, while an aggrieved family only sees them once; this biases the system, as arbitrators have incentives to rule in favor of the nursing home if they want to be chosen again for future mediations.
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Since arbitrators are supposed to apply the same governing law as courts, automatic liability applies.
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Frequently, companies select the arbitrators, the proceedings are confidential and decisions are hard to appeal.
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The arbitrators declared that the firm should give Wilkerson his money back, and then some.
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Arbitrators are typically lawyers or retired judges who are paid large fees to conduct hearings.
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The arbitrators will act as judges to determine whose side has made the better case.
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City, arbitrators nevertheless have an obligation to disclose their financial interests in the cases before them.
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Arbitrators insist they are always neutral -- and indeed, the ones I've encountered were fair and impartial.
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And individual arbitrators are more likely to encounter the employer than the employee in future cases.
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A requirement for arbitrators to offer a written justification of their decision would encourage rigorous thinking.
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Businesses will tell you that arbitrators can resolve disputes more cheaply and efficiently than the courts.
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Between one and three arbitrators, who all specialize in doping, will hear the case, Coates said.
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That would include the creation of a roster of specially qualified arbitrators to hear such cases.
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"This case is of exceptional importance to arbitrators in light of the issues it raises about the power of arbitrators to disregard relevant portions of the parties' arbitration agreement in issuing their judgments, and to rely on new grounds in affirming employer discipline," he told the court.
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It's worth noting here that arbitrations tend to favor businesses, with arbitrators commonly considering companies their clients.
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There's a reason for this, and despite what you might think it's not that arbitrators are lazy.
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On appeal, however, the board ruled 2-1 in favor of the union, overturning the arbitrators' decision.
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The first was for amphetamines, though arbitrators determined he had used them to treat attention deficit disorder.
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Gap did not directly address the Roo Hsing dispute, but said it stood by the arbitrators' decisions.
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Data shows that arbitrators awarded monetary damages to the workers in only 43 percent of those cases.
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Data shows that arbitrators awarded monetary damages to the workers in only 24 percent of those cases.
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Data shows that arbitrators awarded monetary damages to the workers in only 2140 percent of those cases.
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At many big companies, employees are required take allegations of misconduct to arbitrators, rather than the courts.
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Because companies hire the arbitrators and proceedings are secret, they also say the process is rigged against consumers.
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Fortunately, decent employers, ethical arbitrators and sensible regulation can deal with many of the problems that bedevil arbitration.
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Arbitrators should be required to disclose conflicts of interest, including whether they have repeat work from the employer.
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So it's interesting to see what happens when private arbitrators interpret arbitration agreements in ways businesses don't like.
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Rule supporters cast arbitration as a secretive process stacked against victims where arbitrators are frequently on company payrolls.
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The arbitrators' decision was quickly annulled by a court, and the government never paid Mr Tapie the €403m.
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It requires disciplinary actions by arbitrators who rely on union approval for their jobs and often recommend suspension.
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Arbitrators do not have to be trained in the law, nor are they required to follow the law.
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That's largely because most arbitrators get paid based on the hours and the number of cases they handle.
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Under the temporary fix, a pool of 10 arbitrators will be set up in the next three months.
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Apparently, though, Levine felt the need to make his case not just to arbitrators but to the public.
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A report from WTO arbitrators authorising the United States to impose tariffs may be made public next week.
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That's largely because most arbitrators get paid based on the hours and the number of cases they handle.
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It centered on whether courts can prevent arbitrators from deciding if an issue can be arbitrated at all.
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Bronner, like the other two arbitrators (and, for that matter, Leviev and the Kleins) is in the diamond business.
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Its 356 arbitrators from 81 countries received a record 503 filings in 2015, compared with 232 during the 1990s.
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That's especially worrisome for defendants when arbitrators have a financial incentive to prolong and expand the cases they're overseeing.
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One of the concepts under discussion is to have three neutral arbitrators serving as hearing officers, the newspaper said.
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Then the other arbitrators worried rightly that one of the recording devices might have picked up Mr. Taylor's comment.
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Metro managers and arbitrators both agreed that Haile was not to blame for the fatality or injuries that occurred.
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Arbitration, however, has turned out to stack the deck; corporations choose the arbitrators and set the rules of evidence.
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The state court judge denied the petition, holding that Leviev should address his request for an injunction to the arbitrators.
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In 217, arbitrators reduced disciplinary recommendations in more than 29% of cases and eliminated any discipline in 21% of them.
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NAFTA allows its member countries to initiate disputes against one another, which are heard by three-member panels of arbitrators.
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If the president has a claim of executive privilege, that can be asserted, but the courts are its final arbitrators.
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Instead of a courtroom and a judge, there is usually a conference room, and one or more non-robed arbitrators.
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USADA said the CAS panel of arbitrators found del Moral's testimony in the case to be credible, truthful and useful.
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In the docs, they say they initially got a list of 200 potential arbitrators, NONE of whom were African-American.
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"The arbitrators are doing more and more and more of the work the courts used to do," Judge Smith said.
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Justice Kavanaugh said arbitrators, rather than judges, should decide whether contracts calling for arbitration applied to the disputes before them.
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And the practice has continued for years even though the agency has been rebuked by Congress and federal labor arbitrators.
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Instead of making their way to court, they are settled by arbitrators, independent professionals who are selected to resolve disputes.
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" (Vaska pointed out that California already requires extensive disclosures from arbitrators in consumer cases.) But Judge Simon also told Monster counsel Tanya Schierling of Solomon Ward Seidenwurm & Smith that because arbitrators bear the burden of disclosure before they are selected by the parties, "It seems a very simple thing to say, 'I'm an owner.
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The World Bank has proposed changing that, in part to shed light on potential conflicts of interest between arbitrators and funders.
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It was set up by the IOC in 1984 to offer resolution of sports-related disputes with the use of arbitrators.
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In early 2016, after more unpleasantries involving alleged conflicts amongst the arbitrators, the panel held a seven-day hearing in Israel.
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And besides, Monster argued, 9th Circuit precedent rejects the very premise of City's argument that arbitrators are beholden to repeat players.
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Arbitrators are extremely unlikely to come across the same employee in future cases, whereas repeat business with the employer is likely.
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Typically the lawsuit is brought before a panel of private arbitrators, its members appointed by the investor and state in dispute.
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Typically, the lawsuit is brought before a panel of private arbitrators, its members appointed by the investor and state in dispute.
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Because arbitrators tend to hand down lower awards than juries or judges, lawyers have less incentive to take cases on contingency.
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Arbitration fans often insist that consumers get quicker, more efficient resolutions from private arbitrators than they could obtain in class actions.
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MailCoups - have on several occasions rejected City's "repeat player" theory that arbitrators are beholden to companies that frequently appear before them.
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The Rays submitted $3.5 million, but arbitrators Margaret Brogan, Andrew Strongin and Gil Vernon ruled in favor of the Pham, 30.
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She also said courts generally should not invoke public policy as the basis for second-guessing arbitrators' decisions to reinstate employees.
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Arbitrators must determine if that amount is proportionate and reasonable, or whether it should be lower, as the Europeans have requested.
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The Supreme Court has repeatedly expanded the right of companies to require that disputes be settled by arbitrators rather than judges.
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Arbitrators awarded a total of about $360,000 in relief to 78 consumers in two years of arbitration cases the CFPB studied.
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In 2016 the Saudi Center for Commercial Arbitration (SCCA) opened, offering the services of about 125 arbitrators working in 11 languages.
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The two sides will either hash out some sort of monetary settlement or the arbitrators will resolve the dispute for them.
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From a panel of seven prospective arbitrators, the two sides picked retired California state court judge John Kennedy to hear the case.
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The arbitrators, who are due to rule in the coming weeks, can compel India to pay Pakistan, but not to play them.
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Faraday Future said Thursday that the arbitrators decided the startup can now look for outside investment while the fight with Evergrande continues.
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The government will appoint "neutral arbitrators" to each jirga, who must approve their verdicts—a measure it hopes will eliminate misogynist horrors.
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And that's kind of a problem, because both the NHL and the NHLPA have the right to fire arbitrators they don't like.
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The arbitrators were Robert H. Putnam Jr., the chairman of the panel, along with Perry Lee Taylor Jr. and Chandler R. Bridges.
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After City and Monster consulted on seven prospective arbitrators, JAMS selected retired California state court judge John Kennedy to hear the case.
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The Astros submitted a figure of $2242 million, but arbitrators Elizabeth Neumeier, James Oldham and Gary Kendellen ruled in favor of Correa.
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"Mandatory arbitration undermines the development of public law because there is inadequate transparency and inadequate judicial review of arbitrators' decisions," they wrote.
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In addition, arbitrators aren't required to follow legal precedents and both sides have only a limited right to appeal in the process.
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For several years, the N.F.L. insisted that arbitrators, not the courts, should be used to settle disputes between players and the league.
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" The decision was not unanimous among the three arbitrators on the panel; the decision called it "a case close to the borderline.
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The tariffs were announced by the office of U.S. Trade Representative Robert Lighthizer, after a decision from WTO arbitrators earlier this month.
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The Europeans had objected to that estimate, and as a consequence, the final amount must be determined by the WTO-appointed arbitrators.
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One is the fact that, as with most trade dispute settlement panels, the process is overseen by arbitrators rather than independent judges.
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Warren worries these arbitrators, who may also represent corporate clients in other cases, will cause panels to be biased toward big companies.
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Tuesday's ruling doesn't mean that arbitrators who own a piece of their enterprise must be recused from cases involving repeat players, he said.
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Because companies largely control the proceedings - most hire and pay the arbitrators - they can ensure disputes are settled in their favor, advocates say.
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Supporters, though, say citizens are entitled to a day in court and companies often hire the arbitrators, rigging the process against the customers.
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Consumer-rights advocates portray arbitration as a fixed game where companies hire and pay arbitrators to ensure disputes are settled in their favor.
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The rule also mandates "neutral" arbitrators and convenient venues, and allows residents or their families to communicate with law enforcement about any abuse.
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In 2008 the arbitrators awarded Mr Tapie a huge payout of €403m ($442m); Ms Lagarde was accused of failing to safeguard taxpayers' money.
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She is one of the 15 women in the first class of trained qazis—judges or arbitrators in Islamic family courts—in India.
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They take their case to CAS at great personal expense and, if the arbitrators find the athletes' case plausible, they reduce the ban.
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Continental Casualty requires prospective arbitrators to disclose their equity interest in an arbitration service that is regularly engaged by one of the parties.
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Each side was to pick four arbitrators from the American Arbitration Association's "Large and Complex Cases" database, with the association supplying another four.
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Critics say that private companies can seek out the same arbitrators, leading to conflicts of interest as they cozy up to repeat customers.
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But ATU Local 689 said the issue with Haile has already been resolved, since arbitrators ruled that he should have his job back.
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Additionally, if more than one class period is available, teachers can divide the class into three groups: the union, management and labor arbitrators.
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They warn that arbitrators who are cozy with companies could be accordingly biased and point to the potentially high costs of arbitration fees.
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But there are other incentives for businesses too: Private arbitration allows companies to hide misconduct that would otherwise be made public in court; arbitrators are much more likely than jurors to rule in favor of employers; and arbitrators are far less likely than jurors to give multimillion-dollar awards to workers when they find a company at fault for breaking the law.
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But there are other incentives for businesses too: Private arbitration allows companies to hide misconduct that would otherwise be made public in court; arbitrators are much more likely than jurors to rule in favor of employers; and arbitrators are far less likely than jurors to give multimillion-dollar awards to workers when they find a company at fault for breaking the law.
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But other EU arguments, such as a claim that Russia had mixed up data expressed in dollars and roubles, failed to convince the arbitrators.
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John Coates, an I.O.C. vice president, is president of the international council, which has a critical influence because it appoints the sports court's arbitrators.
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Under NAFTA, investor-state challenges are decided by a three-person panel composed of private arbitrators chosen by the parties involved in the dispute.
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Certainly, employment attorneys not involved in the case agree, particularly given that arbitrations tend to favor businesses — with arbitrators commonly considering companies their clients.
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Her argument apparently convinced arbitrators, who ruled that a two-year penalty was unduly harsh for an athlete who had violated the rules unwittingly.
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Democrats also say arbitrations are rigged against customers because they are handled out of the public eye and arbitrators are often paid by companies.
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It will come as no surprise that the Wall Street overlords win the vast majority of the cases that get brought before Finra arbitrators.
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The Chartered Institute of Arbitrators, which organized her talk, said in a statement that Cheng was "assaulted by a crowd" and injured her arm.
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The CFPB's study of the topic showed that in cases where arbitrators found for consumers and granted an award, the average award was $5,389.
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These idiosyncratic issues will eventually be sorted out by U.S. District Judge Edward Chen of San Francisco and by JAMS arbitrators in individual cases.
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So, for the country's 172 million Muslims, qazis—or Islamic clerics or judges, historically all men—are the arbitrators of all marriages and divorces.
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From depositions in another case, City eventually learned that about 107 of JAMS' 320 neutral arbitrators own an equal stake in the arbitration service.
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But the Trump effect, turning everything he touches to a cheap commodity, is to denigrate the legal arbitrators as "Obama judges" or "Mexican" judges.
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The theory goes that, as players come to understand the preferences of the arbitrators, they will settle the bill themselves at a similar rate.
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An Uber spokesman provided two examples of rulings from arbitrators rather than courts that had deemed drivers to be outside the company's usual business.
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Still, the precedent that the state, rather than parents, should be considered the arbitrators of what is best for a child is an uncomfortable one.
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Jay-Z says a shocking lack of black arbitrators to hear a legal dispute involving one of his companies violates New York policies against discrimination.
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It said in December that it would grant athletes' commissions the opportunity to send nominations for arbitrators to the International Council of Arbitration for Sport.
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When a dispute goes in front of arbitrators, their decisions are not subject to a review and, except in rare cases, cannot be appealed against.
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Chaussade said there was no progress in Suez' attemps to recover about $625 million owed by Argentina following an order by international arbitrators in 2015.
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The trio will take the final decision once Court of Arbitration for Sport arbitrators have reviewed the cases individually, IOC spokesman Mark Adams told reporters.
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The arbitration clause she signed gave her the option of choosing a panel of up to three arbitrators — but Cigna would pay for only one.
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Third, the bill would give to the courts, not arbitrators, the essential task of determining whether an arbitration agreement is enforceable in the first place.
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In determining which drugs to ban, a substance must meet two of the following three criteria: However, the arbitrators refused to even consider this argument.
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Arbitration clauses often include language in which the parties agree that the rulings are non-appealable, so the decision of the arbitrators is usually final.
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Zhou, Ross and Ware agreed that the CCPIT certificates and the Congressional declaration will carry significant weight with Chinese courts or arbitrators applying Chinese law.
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In September, WTO arbitrators back a U.S. request to impose tariffs on billions of dollars of European goods, according to people familiar with the case.
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Arbitrators have yet to set an amount, but the U.S. case against Airbus is reportedly more advanced and a ruling is expected over the coming months.
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The firms deal frequently with arbitrators, giving them both greater familiarity with the process and the not-always-subtle influence, to avoid being too pro-consumer.
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" Also, according to the recording, one of the arbitrators, Mr. Taylor, said about Mr. Pair, "I think we should just slam the door in his face.
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In general, arbitrations are confidential, supposedly fast and efficient, and discovery, such as document requests and depositions, can be limited or even precluded by the arbitrators.
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It's not clear that the Trump campaign suffered any damages from her disclosures and the arbitrators may not even render an award in the campaign's favor.
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CAS said on Thursday that the panel of arbitrators overseeing the case had agreed to add five organizations and various individual Russian athletes as intervening parties.
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But the infrastructure of arbitration leaves room for the little guys – workers and consumers – to wonder whether the folks who pay arbitrators' bills have an edge.
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In addition, JAMS exerts absolutely no influence over an arbitrator's arbitration decision and arbitrators are not financially incentivized to rule one way or another in any matter.
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The majority in Tuesday's opinion acknowledged that there is no 9th Circuit case directly addressing the disclosure obligations of arbitrators who are co-owners of their enterprises.
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And arbitrators with an equity stake in JAMS have a much greater economic interest in the enterprise's success than those who aren't co-owners, the court said.
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Those foreign investors can sue the United States in international arbitration, and the arbitrators who decide the investors' cases are not bound by any domestic U.S. law.
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The arbitrators on the list charged $350 to $450 an hour and other fees, including $200 an hour for travel, according to documents seen by Business Insider.
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Employees represented by labor unions may pursue negotiated grievances that end in binding arbitration before independent arbitrators, a spokesperson at the Office of Personnel Management (OPM) said.
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The arbitrators do not have to follow the facts or the law, and there is no public review of decisions to ensure the proceedings got it right.
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In the end, Judge Furman said, the Kleins lost their "far from frivolous" attack on the arbitration award because federal law requires deep deference to the arbitrators' decisions.
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J.C. Contracting, in which the court vacated an arbitration award because one of the arbitrators had been convicted of bribery and hadn't disclosed that conviction to the parties.
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The settlement, achieved through an international panel of arbitrators, may have averted a trans-Atlantic war and, says Mr Chernow, "launched a new fraternal relationship of great consequence".
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Dev Protocol enables developers who have built strong reputations to act as arbitrators instead of relying on a centralized third-party (like Codementor, for example) to settle disagreements.
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For example, even when nation-states seem to give up power to international arbitrators and judges, they create sneaky backdoor incentives to rig the odds in their favor.
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"They are going to have an unbiased panel of arbitrators to determine their claims," Mr. Lax said on Friday after the notice was put up on Finra's website.
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Cigna used the AAA, and about three months after Glenda filed the claim, the organization sent Glenda a list of about 30 arbitrators to choose from, Peter said.
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The sports court's governing body — which selects the roughly 350 approved arbitrators around the world — includes I.O.C. members, and the court relies on money generated by the Olympics.
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To do that, The Times examined records from more than 25,000 arbitrations between 2010 and 2014 and interviewed hundreds of lawyers, arbitrators, plaintiffs and judges in 35 states.
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That said, the most well-known arbitration firms require their arbitrators to follow certain rules, which they make public, and they tend to have some things in common.
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In its Bronx investigation, the center substantiated allegations of physical abuse or neglect against 13 employees, but the state failed to persuade arbitrators to fire any of them.
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Jay-Z: The rapper won a New York court battle to halt arbitration over his clothing brand, on the grounds that there were not enough African-American arbitrators.
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On the other hand, when companies make claims or counterclaims against consumers, arbitrators grant them relief 93 percent of the time — meaning they order the consumer to pay.
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He disclosed that he had professional relationships with the other arbitrators and a social acquaintance with Leviev but said those engagements should not create justifiable doubt about his impartiality.
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Before Monster and City picked him, Kennedy - following JAMS' disclosure procedures - had disclosed that he, like all JAMS arbitrators, has an interest in the ongoing success of the outfit.
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Continental Casualty (89 S.Ct. 337), in which the justices vacated an arbitration award because one of the arbitrators failed to disclose substantial financial ties to one of the parties.
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From New Delhi's perspective those treaties, mainly struck in the 1990s when it was desperate for foreign capital, left it too exposed to potential claims awarded by international arbitrators.
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The change will end Google's policy of forcing employees to litigate such disputes in arbitration, where hearings are typically closed and the arbitrators are paid for by the company.
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Jon Jones says he is "very pleased" arbitrators in his doping case found that he's "not a drug cheat" -- despite the fact he tested positive for 2 banned substances.
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Although he was given the max punishment, Jones is taking solace in the fact arbitrators believed his story about innocently taking a sexual enhancement tablet that contained banned substances.
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Unlike banks, which adhere to guidelines set by regulators, corporates are at the mercy of rating agencies as the de facto arbitrators of the features hybrids need to include.
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In its ruling, France's Court of Cassation underlined that she had no personal relationship with anyone involved in the case, and had not influenced the appointment of the arbitrators.
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The AAA has only three potential African-American arbitrators — two men and one woman — that could hear the case, but one was already involved with Iconix in related litigation.
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The arbitrators, critics say, have an economic interest in siding with the companies, which bring them multiple cases, while individual consumers are likely to appear before them only once.
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If a settlement is not reached by the February hearing, the case goes to a panel of arbitrators, who select one of the proposed salaries, according to the league.
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Moreover, judicial independence has been called into question by politicized hiring practices and the adoption of policies that undermine immigration judges' ability to perform their role as neutral arbitrators.
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When a contract allows arbitrators to decide whether a dispute can be resolved through arbitration, "a court may not override the contract," Kavanaugh said on Tuesday, explaining the decision.
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Critics of arbitration say that it is often conducted in secret, denying customers due process or a legal precedent, and that arbitrators have cause to rule in the company's favor.
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The Vancouver-based miner last month received a positive ruling from arbitrators on its planned metallurgy plant in Greece but said it was still awaiting some permits for the project.
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That's why AAA makes potential arbitrators fill out an "oath" form, in which they must disclose if they've had prior relationships to any of the parties involved in the case.
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He could certainly end up deciding not to open a "messy can of worms" by requiring JAMS arbitrators to reveal whether they have an equity stake in the arbitration firm.
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These complaints (which can also be filed by Canadian companies over practices in the other two Nafta countries) are heard by arbitrators, not courts, and the decisions cannot be reversed.
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But Jay-Z said the AAA found only three potential African-American arbitrators, out of the hundreds it uses, for his case, and one already represented Iconix in related litigation.
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After they complained, they got a new list of 6 arbitrators "of color," but one of them is a partner at the law firm repping Iconix ... a clear conflict of interest.
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What many employees don't learn until it's too late is that arbitrators wield immense power, and the people hired to arbitrate sometimes have deep connections to the industries that hire them.
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Bowing to criticism, the court, which sits in the majestic Peace Palace, has agreed to crack down on moonlighting by judges as arbitrators in cases unrelated to their full-time jobs.
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The contract also requires a convoluted disciplinary process presided over by arbitrators who need union approval to keep their jobs, and who thus tend to lean toward suspension rather than dismissal.
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Zhou and Ross said courts and arbitrators may be wary that Chinese buyers are asserting force majeure just to see if prices drop for the products they were contracted to purchase.
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This year, arbitrators ruled against the tribe, but the Senecas have continued to press their case in federal court as well as with the Department of Interior, which oversees tribal issues.
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FINRA arbitrators, in a separate ruling on Thursday, recommended expunging details about another arbitration case from individual public disclosure records for a UBS Puerto Rico executive, former branch managers, and a broker.
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The notification to the Geneva-based watchdog triggers a 60-day deadline for the two sides to settle the complaint or face litigation at the WTO by a neutral panel of arbitrators.
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The protests forced the European Commission, which negotiates trade deals for the 28-nation EU, to rethink its preference for the much-used investor-state dispute settlement (ISDS) system, with private arbitrators.
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But under the TPP, companies could settle these disputes outside the courts, through an Investor State Dispute Settlement that would be determined by a tribunal of three arbitrators appointed to the case.
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The rapper argued that the lack of racial diversity among eligible arbitrators at the American Arbitration Association (AAA) who could rule on his case was unfair discrimination, The New York Times reported.
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While many arbitrators are retired judges or specially trained lawyers, others are former executives in the sectors they cover or corporate attorneys who have specialized in defending employers, as the Perezes discovered.
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Under the new system, athletes or officials, who are suspected of anti-doping rule violations, will present their case to a group of arbitrators within a new anti-doping division of CAS.
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So far, arbitrators have been appointed in only 47 of the cases drivers have brought against Uber – and Uber has paid the arbitrator's nonrefundable $1,500 retainer fee in a mere six cases.
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Strict judicial rules limiting conflicts of interest also do not apply in arbitration, enabling some companies to steer cases to friendly arbitrators, according to a 2015 investigation by The New York Times.
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The clauses, typically buried in the fine print, state that disputes over abusive or fraudulent practices can only be resolved by privately appointed individuals or arbitrators, rather than through the court system.
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Despite Lagarde's decision not to appeal, a body in charge of settling the bank's debts launched an appeal of the arbitration award and claimed that the arbitrators concealed their longstanding friendship with Tapie.
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As in other cities, officers in Chicago can challenge disciplinary findings in proceedings overseen by arbitrators, who frequently have a vested interest in pleasing the police unions so they can keep their jobs.
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One of the arbitrators on the list, for instance, disclosed that she was serving as an arbitrator on several cases involving Cigna's law firm Littler Mendelson, according to documents seen by Business Insider.
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But a lot of times, if an employee is coming into one of these arbitrators without legal counsel and representing themselves, you wouldn't know that you have the right to ask those things.
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"Some arbitrators just write, 'Here's what the players say,' 'here's what the owners say' and 'here's what I have to say,'" Gene Orza, the baseball union's former chief operating officer, said by phone.
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At some point next year WTO arbitrators are expected to rule against Airbus' U.S. rival Boeing, and U.S. tax concessions that have made it difficult for Airbus to compete with Boeing aircraft sales.
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A few months later, questions emerged about the impartiality of one of the arbitrators, Pierre Estoup, a former senior French judge who was said to have ties to Mr. Tapie's lawyer, Maurice Lantourne.
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Uber won a similar case in September when a federal appeals court judge ruled that Uber drivers could not sue for employment status and had to instead take their claims to private arbitrators.
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They wanted to submit the exact same evidence to CAS for consideration by three new arbitrators and revert the ban back to its original two years (USADA declined to take part in the appeal).
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But the remarks take on a different tenor and a different historical significance when white athletes condescend to his activism, self-positioning themselves as arbitrators of what constitutes an appropriate response to racial injustice.
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Following Mr Dawson's saga, the scheme became sufficiently obvious that two different arbitrators ruled against the owners, costing the clubs $434m in damages and poisoning their relations with their employees for years to come.
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Foreign-owned companies have challenged all of these types of measures and more under ISDS, turning to arbitrators to secure more favorable rights and remedies than they would be entitled to under domestic law.
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They would also have to give the bureau information on claims filed and awards issued in the arbitrations, as well as correspondence from arbitrators regarding unpaid fees and failure to follow standards of conduct.
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So far, the archdiocese has paid more than $66 million in compensation to 335 victims, as determined by a board of arbitrators and funded by a loan secured against its valuable real estate portfolio.
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"Although the arbitrators awarded less than the full damages the claimant requested, UBS is disappointed with the decision to award any damages, with which we respectfully disagree," a UBS spokesman said in a statement.
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Arbitration agreements like Chase's require consumers and employees to go before an arbitrator or a panel of arbitrators, who may even be hired by the company, to decide the final outcome of your dispute.
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Back in April, the administration of President Donald Trump published a long list of E.U. goods that might be subject to new tariffs if the WTO arbitrators approved trade countermeasures in the Airbus case.
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The CFPB's own 22019 study of arbitration and class action outcomes in disputes over financial products showed that in cases where arbitrators found for consumers and granted an award, the average award was $5,389.
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The Consumer Financial Protection Bureau on Monday finalized the new rule banning "mandatory arbitration clauses" requiring consumers to forego class-action suits and instead settle disputes in negotiations overseen by arbitrators frequently hired by companies.
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U.S. District Judge Jesse Furman in Manhattan said the "plain language" of the November 2014 sales contract justified letting Deloitte Touche Tohmatsu handle the matter first, rather than arbitrators from the International Chamber of Commerce.
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It is done behind closed doors; it sometimes costs a lot more than the basic filing fee ($200 and up); and arbitrators have an in-built bias towards corporate defendants, because they bring repeat business.
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The U.S. Court of Appeals for the Federal Circuit ruled on Wednesday that there was no basis for setting aside the award, which was rendered by a panel of International Chamber of Commerce (ICC) arbitrators.
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That power is instead held by arbitrators who are chosen jointly the state and the union — and who try to find a middle ground so as not to fall out of favor with either side.
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According to his new complaint, three arbitrators ruled earlier this month that the evidence supports DLI's claim to rescissory and consequential damages and attorneys' fees – to the tune of between $9.2 million and $47.9 million.
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However, if the lobbyists are successful and arbitration is selected then arbitrators should be instructed to consider in-network payment rates and Medicare reimbursement amounts, rather than "charges" (CDM rates) to determine a fair price.
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The lawyers for the former Credit Suisse brokers say Finra arbitrations are more advantageous because more information is known about the arbitrators, many of whom are retired industry professionals, and monetary awards are publicly available.
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The National Labor Relations Board has overturned an Obama-era standard that had made the agency less likely to defer to arbitrators' decisions in labor disputes and reinstated the decades-old test that it replaced.
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Instead of taking their case to a jury of their peers, they must make their case to a panel of arbitrators, who are often white men, and may have a harder time identifying potential discrimination.
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If you have an arbitration clause, it'll say all disputes will be governed by a list of different groups of arbitrators, as opposed to the courts of, say, New York or whatever state you're in.
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Only after the arbitration concluded did City learn (in part from a 2015 UCLA Entertainment Law Review article) that Kennedy is one of about 107 JAMS arbitrators who have an equity stake in the entire enterprise.
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Instead of going to federal court, arbitration agreements require you to go before an arbitrator or a panel of arbitrators, who may even be hired by the company, to decide the final outcome of your dispute.
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NAIROBI, Oct 23 (Reuters) - The Kenyan government has won a case brought against it by Cortec Mining Kenya Limited, Cortec (pty) Limited and Stirling Capital Limited over a 2013 mining licence revocation, an arbitrators' ruling showed.
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Mr. McLaren is a longtime global sports arbitrator who decided several precedent-setting cases that probably figured into the deliberations that led to Thursday's decision, made by three arbitrators, from Britain, Italy and the United States.
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Jay-Z and the brand were supposed to each pick four arbitrators from AAA's "Large and Complex Cases" database, including the four supplied from the association, and narrow down the list together until both sides agreed.
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Of 3,945 employment cases decided by arbitrators from one of the nation's biggest arbitration firms, plaintiffs won about 31 percent of them when employers had only one case before the arbitrator, according to Mr. Colvin's study.
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Lewis that employees claiming wage theft — their employers trimmed paychecks by undercounting hours — could be forced to bring their complaints individually to private arbitrators hired by their employers, rather than bring a class action in court.
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And the arbitrators themselves, whom Finra pays at least $2000 to $425 (for the chairman of the panel) a day for their services, would not last long if they often ruled against the big Wall Street firms.
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Because companies choose which arbitrator hears the dispute, arbitrators have a powerful financial incentive to keep companies happy and keep the paychecks flowing—often at the expense of a worker denied overtime or harassed on the job.
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At Friday's oral argument, Monster lawyer Schierling warned the 9th Circuit that imposing a rule requiring arbitrators to disclose their ownership interests, based on a theory that they're motivated to protect repeat customers, would subvert the FAA.
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These fine-print "ripoff clauses" already block individual investors from going to court when they are cheated, instead forcing them to make their case to a panel of private arbitrators selected by an industry self-regulatory body.
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In recent years, Mr. Putin's main foreign policy goal has been to resurrect the time when the United States and the Soviet Union, as the two great nuclear superpowers, were the main arbitrators of the global order.
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Between 2010 and 2014, hundreds of cases of elder abuse, neglect and wrongful death ended up in arbitration, according to an examination by The New York Times of 25,4003 arbitration records and interviews with arbitrators, judges and plaintiffs.
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A win for employers would give the green-light to an already growing trend in which companies require workers to sign arbitration agreements waiving their right to bring class-action claims either in court or before private arbitrators.
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NEW YORK (Reuters) - Jay-Z has agreed to privately arbitrate a trademark and contract dispute with clothing company Iconix Brand Group Inc, his lawyers said on Wednesday, after enough African-American arbitrators became eligible to handle the case.
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NEW YORK (Reuters) - The National Hockey League's players union on Friday urged a U.S. court not to grant Commissioner Gary Bettman broad power to override arbitrators when deciding how severely to discipline players for improper on-ice conduct.
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While employment attorneys often try steering clients away from arbitrators, given that they tend to favor businesses, both Kalanick and Benchmark are major and longstanding stakeholders in Uber, meaning it isn't clear which way an arbitrator might rule.
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City counsel Vaska emphasized that the 9th Circuit decision simply requires arbitrators with a meaningful financial stake in the cases before them to comply with disclosure principles the Supreme Court laid out back in the 1968 Commonwealth Coatings decision.
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GENEVA (Reuters) - World Trade Organization arbitrators will evaluate a U.S. request to impose billions of dollars worth of sanctions on European products after a final WTO ruling that found the European Union had given illegal subsidies to Airbus (AIR.PA).
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On Wednesday, Jay-Z, filing under his legal name, Shawn Carter, asked a judge in State Supreme Court in Manhattan to temporarily halt the arbitration or to block it permanently if the dispute over the arbitrators is not resolved.
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In 2013, Tapie, his lawyer, one of the arbitrators and Lagarde's chief of staff at the ministry, Stephane Richard, now the CEO of the telecom company Orange, were charged with gang-related fraud, and Lagarde's Paris home was searched by police.
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Users can create a profile, connect their ethereum wallet through services like MetaMask, browse product and service listings, message each other to arrange transactions through smart contracts with no extra fees, leave reviews and appeal disputes to Origin's in-house arbitrators.
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After he resigned, Frank brought the case to a panel of arbitrators, who found that the firm "acted with malice, fraud, and oppression by hiding its revenue numbers," according to a copy of the arbitration report included in court documents.
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"We go from a system where national courts are very involved in determining how and when generics can come to market to a system where ad hoc arbitrators are going to be making a lot of those decisions," Tucker told me.
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"ASA applied for recusal of two of the arbitrators who it felt were conflicted since they have handled the earlier case of the Indian sprinter Dutee Chand, as Caster was also going to be an affected athlete," the statement said.
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Nothing in the consumer protection bureau rule restricts financial companies from choosing their own, biased arbitrators, requiring hearings in far-flung locations, or charging excessive fees for filing claims, which are some of the most abusive aspects of the arbitration process.
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Jay-Z, whose legal name is Shawn Carter, had complained that arbitration would be unfair because only two of the more than 200 arbitrators proposed by the American Arbitration Association (AAA) identified as African-American and had no conflicts of interest.
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The multimillionaire rapper said in a petition filed in Manhattan Supreme Court that the lack of racial diversity among arbitrators at the American Arbitration Association (AAA) was discriminatory under New York's state constitution and a New York City human rights law.
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The U.S. has promised to "respond immediately" once the arbitrators' ruling is made public, and in April the U.S. Trade Representative's office published a provisional "long list" of EU products that could face 100% tariffs as part of its response.
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The final amount will depend on WTO arbitrators and Washington must then choose from a list of goods totalling more than $20 billion that it has identified as potential targets, before putting tariffs into effect up to the authorised limit.
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In September, WTO arbitrators back a U.S. request to impose tariffs on billions of dollars of European goods, according to people familiar with the case, with the scope of sanctions expected to be released in the week starting Sept. 30.
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Teams try to avoid arbitration hearings because they can be prickly, given that a team argues against a player's accomplishments in order to persuade arbitrators to award the salary it thinks the player deserves, and not the one the player wants.
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Dominic Raab, a Brexit campaigner who is now minister for courts and justice, said Britain would most likely suggest Britain and the EU could appoint arbitrators and possibly agree a third party to deal with "bones of contention" in future ties.
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The report's most sweeping assertion – and one that the SEC has advanced on the many occasions in which it has previously opposed mandatory shareholder arbitration proposals – is that federal securities laws contain anti-waiver provisions that preclude delegation of enforcement to arbitrators.
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On June 25, 2008, the panel of arbitrators ruling on the CAS appeal rejected WADA's reasoning and upheld the arbitrator's original decision; the panel included Richard McLaren, who would later be called upon by WADA to investigate the Russian doping scandal in 2015.
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There are some who would claim that these companies have no business being arbitrators of the news or what's right and wrong — and companies themselves would be glad to be "dumb" platforms, as well, in order to escape their responsibility in the matter.
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Benchmark, an early Uber investor with a representative on the board, replied to that with its own filing on Thursday, ramping up its criticism of Kalanick and arguing that a Delaware court should decide Kalanick's future on the Uber board, not arbitrators.
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It can also mean arbitration, which means that due to an agreement between the parties, sometimes as part of an employment agreement, a claim is adjudicated in a private venue by arbitrators -- lawyers or retired judges -- who are paid by the hour.
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Monster Energy, two judges of the 9th U.S. Circuit Court of Appeals seemed to favor adopting a rule that would require purportedly neutral arbitrators in the for-profit JAMS arbitration service to inform both sides if they have an ownership interest in JAMS.
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Cases are decided by arbitrators instead of judges, and the more cases that companies take to arbitration, the better they fare, according to a 2011 analysis by Alexander J. S. Colvin, a professor at the Cornell University School of Industrial and Labor Relations.
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The CFPB reported that more than 34 million consumers received $1 billion in payments from lawsuits over the past five years, but that arbitrators awarded only a total of about $360,85033 in relief to 78 consumers in two yearsof cases the agency studied.
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In its investigation, based on thousands of court records and interviews with hundreds of lawyers, judges and arbitrators in 35 states, The Times found that by using arbitration clauses corporations can circumvent the courts and quash challenges to discrimination, predatory lending and even wrongful death.
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Jay-Z's attorneys argue "the AAA's failure to provide a venire of arbitrators that includes more than a token number of African-Americans" should prompt the New York courts to void the clause with Iconix and stay the arbitration as a matter of public policy.
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Instead of letting an impartial judge or jury decide, they would use the fine print of take-it-or-leave-it contracts to shunt cases over to private arbitrators — firms chosen by (and dependent on the future patronage of) the companies being complained against.
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And at least two principals who have been taken out of their schools — Mr. Zeimer and Kathleen Elvin, who was removed as principal of John Dewey High School in Brooklyn in 2015 — were later exonerated by arbitrators of all or most of the charges.
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"Assuming all 58,000 drivers just in New York City seek to arbitrate their disputes individually", the brief reads, "and assuming enough arbitrators could be found to do one arbitration a day" every Monday through Friday, it would take 223 years for all claims to be arbitrated.
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Most arbitrators do not have the experience of full-time judges, they are not bound by strict rules of evidence or procedure, and their decisions for all practical purposes are unreviewable by courts, who do not like to intervene in an arbitration absent some glaring injustice.
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There are two major institutions that provide accredited arbitrators: JAMS (formerly known as Judicial Arbitration and Mediation Services, which tends to accredit former judges and well-known attorneys) and the American Arbitration Association (also known as AAA, which includes judges, attorneys, and accredits others, like business owners).
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Europe's top trade official told CNBC her "impression" was that the United States would introduce fresh tariffs on EU products as soon as this month, once a ruling from World Trade Organization arbitrators on the total value of allowable American countermeasures is released, as early as Wednesday.
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Arbitrators for the United Nations Convention on the Law of the Sea issued a 500-plus-page decision against China and in favor of the Philippines in a dispute over the definitions of islands versus rock formations; they concluded that Chinese arguments had no legal basis.
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The Treasury Department just came out with a report arguing that banks should be allowed to force their customers to give up their day in court — to band together when they are wronged and instead must take any disputes alone, one-by-one, before private arbitrators.
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A panel of three arbitrators may be formed as early as this week and a decision on the injunction could come late this year before any deal closes, a source familiar with the matter said, declining to be identified due to the sensitivity of the matter.
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Researchers who reviewed cases settled by the American Arbitration Association over an 11-year period found that employers who rely on the same arbitrator win more often and have lower damages awarded against them, likely because companies stick with arbitrators who've ruled in their favor in the past.
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A panel of arbitrators at the International Chamber of Commerce ruled in favour of Kosmos, which means Tullow will not be able to claim back Kosmos' $50.8 million share of the Seadrill cost and will have to reimburse Kosmos around $14 million in legal and rig demobilisation costs.
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" The investment authority, headquartered in the United Arab Emirates' capital, said in a statement on Wednesday that "although we are disappointed with the outcome of the arbitration, we are pleased that at least one of the arbitrators had a dissenting view and would have found in ADIA's favor.
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Lawyers for the rapper complained that the AAA was not as diverse an institution as it claimed to be and could only put forward three "neutral" arbitrators with the necessary experience that it identified as African-American — one of whom is a partner at the law firm representing Iconix.
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"I am very pleased the arbitrators realized Ms. Forte and her colleagues breached their fiduciary duties to Roy and his foundation and exploited him during a time of his continuing mental and physical decline," Lynnda Speer, wife to Roy Speer for more than 50 years, said in a statement.
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A panel of arbitrators at the International Chamber of Commerce ruled in favour of Kosmos, which means Tullow will not be able to claim back Kosmos' $50.8 million share of the Seadrill cost and will have to reimburse Kosmos around $14 million in legal legal and rig demobilisation costs.
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The rapper and entrepreneur Jay-Z, who has been embroiled in a legal battle over his Roc Nation clothing brand, won a court battle on Wednesday to temporarily halt arbitration proceedings on the grounds that there were not enough African-American arbitrators eligible to rule on his case.
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And though Keller Lenkner has repeatedly assured judges and arbitrators that it can – and there is virtually no credible evidence that the firm has failed to serve the interests of the tends of thousands of employees it represents – it's worth highlighting why mass arbitration is potentially a tricky business.
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That number, as well as Leviev's outsized persona, made U.S. District Judge Jesse Furman's just-unsealed opinion fodder for the New York tabloids – especially because one of the arbitrators who originally awarded Leviev all of that money was convicted of tax fraud in Belgium in the middle of the Klein arbitration.
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After the arbitration concluded, City's lawyers found a 2015 UCLA Entertainment Law Review article, Mandatory Arbitration Provisions Involving Talent and Studios and Proposed Areas of Improvement, revealing that some JAMS arbitrators receive not just their fees for overseeing JAMS proceedings but also a share of the profits of the entire enterprise.
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To identify teachers from the reserve with troubling histories, The New York Times cross-referenced two sets of records: the Education Department's Excessed Staff Selection System, which lists available staff and openings in the system, and arbitrators' decisions in disciplinary cases, which are available from the New York State Education Department.
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CPR also said that although it didn't consult Keller Lenkner or other firms that represent workers in mass arbitration cases, it did talk to "labor and employment counsel with experience representing both management and employees on an individual and class basis," in addition to prominent arbitrators, mediators and mass torts specialists.
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Under the WTO's definitions, the arbitrators' ruling on Airbus is not a "punishment" and instead is a "remedy," but next month the U.S. may also seek to impose separate and more controversial penalties on European auto manufacturers, predicated on a view that they represent a threat to U.S. national security.
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The bill, introduced by Senator Patrick J. Leahy, Democrat of Vermont, and co-sponsored by Senator Al Franken, Democrat of Minnesota, would prevent civil rights cases, employment disputes and other crucial lawsuits from being forced into arbitration, where judges and juries have been replaced by arbitrators who commonly consider the companies their clients.
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COHEN ATTORNEYS WANT JUDGE TO DENY AVENATTI CASE MATERIALS, CITING &aposCARNIVAL ATMOSPHERE&apos After he resigned, Frank brought the case to a panel of arbitrators, who found that the firm "acted with malice, fraud, and oppression by hiding its revenue numbers," according to a copy of the arbitration report included in court documents.
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The president of the court's parent organization, the International Council of Arbitration for Sport, which appoints arbitrators to the court, is John D. Coates of Australia, an I.O.C. executive board member who participated in the committee's urgent meeting on Tuesday to discuss possible courses of action the I.O.C. might take against Russia.
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It said though such cases were "illustrative" to help discussions with the EU. Earlier, Dominic Raab, a pro-Leave campaigner who is now minister for courts and justice, said Britain would most likely suggest Britain and the EU should appoint arbitrators and agree a third party to deal with contentious issues post-Brexit.
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"In its decisions, the CAS arbitrators have considered that the process created by the IOC to establish an invitation list of Russian athletes to compete as Olympic athletes from Russia (OAR) could not be described as a sanction but rather as an eligibility decision," CAS secretary general Matthieu Reeb said, reading from a statement.
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"Companies use fine-print, forced arbitration clauses to deprive people of an impartial judge, forcing disputes into a biased, secretive and lawless forum before arbitrators who do not have to follow the facts or the law, who are typically paid by the company," says Lauren Saunders, associate director of the National Consumer Law Center.
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The arbitrators have the authority to review the President's decision, give their own opinion on what the appropriate course of conduct should have been, and order the U. S. government to compensate the investor if they believe a different decision should have been made or if they disagree with the policy rationale for the decision.
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In the majority opinion, Gorsuch wrote that federal labor law does not include protection for class-action claims: The NLRA secures to employees rights to organize unions and bargain collectively, but it says nothing about how judges and arbitrators must try legal disputes that leave the workplace and enter the courtroom or arbitral forum.
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A three-member board panel in a decision on Monday, which involved a UPS driver in Pennsylvania represented by the International Brotherhood of Teamsters, said it will defer to decisions made by arbitrators as long as the proceedings were "fair and regular" and the rulings were not "repugnant" to the National Labor Relations Act (NLRA).
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Alexander Colvin, a labor relations researcher at Cornell University, published a paper in 2011 that found another level of potential bias: Not only were arbitrators more likely to rule in favor of businesses that were repeat customers, but they were also more likely to award less money to their clients' employees when they found the business at fault.
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Alexander Colvin, a labor relations researcher at Cornell University, published a research paper in 2011 that found another level of potential bias: Not only were arbitrators more likely to rule in favor of businesses that were repeat customers, they were also more likely to award less money to their clients' employees when they found the business at fault.
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The justices, in a 5-4 ruling with the court's conservatives in the majority, endorsed the legality of the growing practice by companies to compel workers to sign arbitration agreements waiving their right to bring class-action claims on issues such as overtime wages or gender-based pay disparities either in court or before private arbitrators.
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The administration of President Donald Trump no longer faces any legal obstacles for its set of previously scheduled sanctions against European goods that could now take effect Friday, after a three-person WTO tribunal of arbitrators earlier this month issued a ruling that allowed the enactment of $7.5 billion worth of countermeasures — an historically high amount.
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Alexander Colvin, a labor relations researcher at Cornell University, published a research paper in 20183 that found another level of potential bias: Not only were arbitrators more likely to rule in favor of businesses that were repeat customers, they were also more likely to award less money to their clients' employees when they found the business at fault.
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Alexander Colvin, a labor relations researcher at Cornell University, published a research paper in 2011 that found another level of potential bias: Not only were arbitrators more likely to rule in favor of businesses that were repeat customers, but they were also more likely to award less money to their clients' employees when they found the business at fault.
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"Even when exercising the utmost caution, the player could not have been aware of the consequences that kissing Pamela would have on him," sports arbitrators wrote in their decision about Gasquet, who had sued the woman he kissed to obtain a sample of her hair to prove routine cocaine use, which his own hair sample had disproved.
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The drivers' reply brief outlines how the company's position on drivers' share of the fees has changed over the last few months; the drivers' lawyers contend it's up to individual arbitrators to decide whether their clients should bear some of the cost of initiating cases – but that those determinations can't be made until Uber fronts the money to launch cases.
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" On Monday after the WTO's formal adoption of the arbitrators' ruling on Airbus, the U.S. ambassador to the WTO, Dennis Shea, said the Trump administration expected that it would only be after the enactment of the countermeasures on Friday that the E.U. would "agree to a genuine cessation of its WTO-inconsistent subsidies and the adverse effects that flow from them.
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Before the arbitrators ruled, however, the panel's own counsel disclosed to Leviev and the Kleins that Bronner had been convicted in Belgium, along with about 100 other defendants, "of tax fraud and other offenses relating to a scheme involving the use of sham transactions to nominally export diamonds from Belgium while, in fact, reselling them on the black market," as Judge Furman described the offense.
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But the aircraft tariffs would not apply to aircraft parts, sparing Airbus assembly operations in Alabama from higher costs, as well as shielding European parts used by U.S. plane maker Boeing Co WTO arbitrators said Boeing had lost the equivalent to $7.5 billion a year in sales and disruption to deliveries of some of its largest aircraft because of cheap European government loans to arch-rival Airbus.
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In a statement, Airbus called the American tariff announcement "totally unjustified" and said that the European Union would take "far larger countermeasures against the U.S." Mr. Rosario said the commission, the European Union's administrative arm, would ask W.T.O. arbitrators to authorize retaliatory measures, which would be in response to a W.T.O. finding last month that Boeing received tax breaks in Washington State and incentives in South Carolina that amounted to subsidies.
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Specifically, the challengers pointed to a provision in that law giving workers the right to organize "and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection" "The NLRA secures to employees rights to organize unions and bargain collectively, but it says nothing about how judges and arbitrators must try legal disputes that leave the workplace and enter the courtroom or arbitral forum," Gorsuch wrote.
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There are several reasons that companies have these provisions: 1) arbitrations are almost impossible for customers to pursue because they are too expensive (class actions allow costs to be shared over thousands of wronged individuals); 2) arbitrations do not allow discovery of the institution's internal records (as lawsuits do); 3) arbitrations are often required to be held in a city far from the wronged party; and 4) the arbitrators tend to favor the institutions, which can offer them repeat business.
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Over the past century, many political and intellectual giants, both Democrat and Republican, have held this key Cabinet post: Frances Perkins, who was an integral member of Franklin Roosevelt's New Deal Administration; Arthur Goldberg, President Kennedy's secretary of Labor who would later serve on the U.S. Supreme Court; Willard Wurtz, secretary of Labor in the Lyndon Johnson administration and a central actor in the War on Poverty; George Shultz, secretary of Labor in the Nixon administration and President Reagan's secretary of State; and John Dunlop and William Usery, who both served in the Ford administration and who were among the nation's greatest labor arbitrators.
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