This is because arbitrators derive their jurisdiction from the presence of an agreement which gives them the authority to resolve the dispute.
This may lead to concurrent proceedings before the court and the arbitrators. Under the Arbitration Act 1940 (1940 Act) which is applicable to a domestic arbitration and domestic award, the court has the power to determine the existence and validity of the arbitration agreement.
"It is the Master Arbitrator's role to assure that the arbitrator reached his decision in a rational manner, that the decision was not arbitrary and capricious, incorrect as a matter of law, in excess of policy limits or in conflict with other designated no fault arbitration proceedings....
Comment: All the issues raised by claimant in the Petition were considered and rejected by the lower arbitrator and the master arbitrator.
Most recently, in Epic Systems13 the Supreme Court concluded that where there are express provisions that preclude class arbitration, these provisions are enforceable and may be adjudicated by the arbitrator
. The long and tortured history of what ultimately spawned the U.S.
We turn first to whether the policy unambiguously prohibits the arbitrator
from awarding extra-contractual damages.
1982), the 11th Circuit affirmed the vacation of an arbitration award by a three-arbitrator panel due to the partiality of a purportedly neutral arbitrator
who had failed to disclose that his family corporation had litigated with two respondents to the arbitration proceeding.
determined that although Knox had technically violated the policy, the employer could not enforce the rule because it violated an Illinois statute.
Qatar Chamber chairman Sheikh Khalifa bin Jassim al-Thani and Qicca board member for international relations Sheikh Dr Thani bin Ali al-Thani join lawyers, arbitrators
, and students from Ahmed bin Mohamed Military College during a seminar held at Qatar Chamber yesterday.
No.1 erred in his award on jurisdiction by holding that Al Sayyah & Sons Investments LLC and Al Sayyah Investments were the same legal entity.
In addition the arbitrator
awarded SCF interest of $3,811,051 and costs of GBP 1,838,048, making a total amount of $16,920,971.
Recommendations for Parties Able to Select the Arbitrator
If tenure charges are evaluated in a rule-based system, then an arbitrator
's job is to determine if the behavior of either party is in compliance with these predetermined rules.
'Currently, there are eight full time mediators at Gaborone West district labour office and nine part-time arbitrators
,' he said, adding that all the staff members including those on part-time are degree holders.