Arbitration Claimants definition

Arbitration Claimants has the meaning specified in Section 4.13(c).
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Arbitration Claimants has the meaning specified in Section 13.5(c) of this Agreement.
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Examples of Arbitration Claimants in a sentence

  • Now that hundreds of Plan Participants have accepted DST’s offer to arbitrate, and secured awards after engaging in good faith, perhaps for years, in the arbitration process, it would be patently unfair to permit DST to revoke its consent to arbitration, vacate the arbitration awards, and require the Arbitration Claimants to start over.

  • It initiated these arbitrations voluntarily, whether its consent was manifested in the terms of the original arbitration agreement found valid in DuCharme or by inviting the Arbitration Claimants to arbitrate and then participating fully in the arbitrations.

  • The Ferguson court stated, “[w]hile the Arbitration Claimants argue that they have a right to arbitrate, the Second Circuit as well as this Court has found that the claims at issue here are not covered by the arbitration agreement.” Id. at *7.

  • Also, on August 30, 2021, the Arbitration Claimants, including Plaintiff, filed a petition in the Second Circuit pursuant to Rule 23(f) seeking discretionary review of the class certification order.On August 31, 2021, the Ferguson court denied DST’s motion for a temporary restraining order, but it ordered the Arbitration Claimants to show cause as to why they should not be enjoined from prosecuting this or other actions relating to the class’s claims.

  • In fact, courts have frequently rejected the very sort of “attempts by lawyers to opt out class members en masse” that counsel for the Arbitration Claimants ask the Court to approve here.

  • In re Deepwater, 739 F.3d 790.Although the Arbitration Claimants cite a handful of cases from the Northern District of California that did not require individual signatures to opt out, the Court respectfully declines to follow them.

  • Instead of having to complete, sign, and mail in individual paper opt-out forms, the Arbitration Claimants insist that they should be able to opt out en masse by means of a single unsigned, electronic filing from their lawyers.Just as the requirements of notice and opportunity to opt out are designed to protect the due process rights of individual class members, courts have recognized that “opting out is an individual right” that “must be exercised individually.” In re Diet Drugs Prods.

  • Id. at 1048–50.Yet another problem with this objection is that, given their intent to opt out, the Arbitration Claimants lack standing to object to the substantive terms of the proposed settlement because, once they opt out, they will have “no stake” in the settlement itself.

  • The Arbitration Claimants thereafter filed papers arguing against the proposed injunction, and DST filed papers in response.

  • However, Arbitration Claimants who do not prevail on a claim for a Vehicle Repurchase are entitled to appeal the Arbitrator’s award to an Appellate Arbitrator.

Related to Arbitration Claimants

  • Arbitration Panel shall have the meaning set forth in Section 3 hereof.

  • Arbitration Board has the meaning set forth in Section 9.10.

  • Arbitration Award shall have the meaning given such term in Section 22.5.

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Claimants means any Persons who have submitted a Claim to the Receiver or to the Joint Liquidators.

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Dispute Board (DB) means the person or persons named as such in the SCC appointed by agreement between the Procuring Entity and the Contractor to make a decision with respect to any dispute or difference between the Procuring Entity and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof.

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • Notice of Arbitration means the formal notice from the CONTRACTOR or the CUSTOMER to the other party referring a dispute to arbitration in accordance with the provisions of Schedule 2-9.

  • Agreement Disputes shall have the meaning set forth in Section 6.1.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Arbitrators has the meaning set forth in Section 11.5.3.

  • Arbitration Notice has the meaning set forth in Section 9.13.

  • Arbitration Act means the Arbitration and Conciliation Act, 1996 and shall include any amendment to or any re-enactment thereof as in force from time to time.

  • Dispute Resolution Process means the process described in clause 9

  • Labor dispute as used here, means a strike, lockout, or other labor dispute between the Employer and its Employees, during which time the Employee is not paid by the Employer.

  • Dispute Resolution Procedure means the procedure for resolution of Disputes set forth in Article 26;

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Dispute Resolution means the procedure set forth in this LGIP for resolution of a dispute between the Parties.