Arbitration clause

According to the Judicial Education Center, what are five defenses to a breach of contract claim? Provide examples of each. The JEC provides both a list and examples of defenses to breach of contract. The most common defense to a breach of contract claims is of the following: • Enforcement of the contract would violate public policy • The contract is illegal • The contract lacks consideration • The contact was obtained by fraud • The contract limits the amount of damages that can be recovered…

Michael Hibberd is one of the 12 AFL footballers currently contracted to the Essendon Football Club (Essendon) found by the Court of Arbitration (CAS) to have breached clause 11.2 of the Australian Football League (AFL) anti-doping code as a result of their part in the Essendon supplements saga in 2012. Hibberd, along with 33 other past and present Essendon footballers were “sanctioned with a period of ineligibility of two years as of 31 March 2015”. Currently, Hibberd is serving a provisional…

one foreign investor. A discriminatory taking is one “that singles out a particular person or group of people without a reasonable basis.” Still, there have been cases relating to environmental targeted measures where tribunals have rejected a claim for expropriation, suggesting that the police powers doctrine may not only shield measures of general application but also targeted environmental measures, and that determination of the value of an investment may be influenced by the environmental…

the setting of the mediation session. Any fees of the mediator or costs associated with the mediation proceedings conducted pursuant to this clause shall be divided equally among the Attorney and the Client, unless they agree in writing otherwise. This agreement to mediate is not intended to abrogate the Client's right to require a non-binding fee arbitration pursuant to the provisions of California Business and Professions Code section…

The first question you may ask is " what is affirmative action?" Affirmative action is the encouragement of increased representation of women and minority group member, especially in employment (Dictionary). This applies mostly in schools and workplaces. Evidence suggest that it has had some success in improving educational and economic opportunity for women and minorities (Gale). This topic has started many large debates and has become a very big issue since it has to deal with discrimination…

There have been many debates about how the First World War started in 1914 among historians. A German historian, Fritz Fischer, proposed the most common theory about how the war started by putting the blame completely on Germany. However, historians nowadays tend to overlook this proposal and try to re-apportion the guilt, which is not merely based on either the sole-guilt thesis or the sole- innocence thesis. Four different trends in the historiography have appeared that explain how the war…

In late 2007 until mid-2009 there was the Great Recession. This Recession was the longest Recession since World War II. Some of the most notable impacts of the recession are that the Gross Domestic Product (GDP) dropped 4.3 percent, the unemployment rate was the highest at 10 in October 2009 (2). The Recession had not only effected the GDP and the unemployment rate, it had also effected the S&P 500 which had dropped almost sixty percent from its high in 2007 until March of 2009. As the financial…

Following the review of penalty rate provisions, amendments to the flexibility clause were sought after with particular attention paid to the manufacturing industry. Greater flexibility was requested in the taking and cashing out of annual leave in a further attempt to enhance cost cutting initiatives through control measures which ultimately leads to the underlying concept of elevated managerial prerogative. Managerial prerogative may be defined as management’s unqualified authority…

CHAPTER ONE Introduction International Trade has made the world a global village. The superstructure of international trade is built on the shipping industry. The shipping industry is very critical for trade and it faces a fair share of troubles and issues regarding course deviation by ships, seaworthiness of ships, delays in delivery, shipping of dangerous cargo, marine insurance disputes, cargo-worthiness and care of cargo, jurisdictional issues and many other such issues. No country can…

the Trudeau government has signaled that they intend to keep it (Joseph). Trump also wants to end the dispute resolution panel so that it does not restrict the ability of the United States to apply measures in future investigations (Bown). These arbitration panels determine whether a NAFTA country treated their overseas investments unfairly. The Trump administration claims that it weakens the sovereignty of United States’ courts. For example, the United States Commerce Department has accused…