This Agreement is to insure that no dispute or controversy directly or indirectly concerning any matter relating to this Operating Agreement shall become the subject of court action, but that any dispute or controversy shall be presented to an Arbitration Panel, except as specifically set forth in this provision. The decision of the panel shall be final and binding as to all Parties and their privies without the right of appeal.
West Virginia Arbitration
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US-OG-694
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§55-10-9. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. (c) If the court finds that there is no enforceable agreement, it may not, pursuant to subsection (a) or (b) of this section, order the parties to arbitrate. chapter 55. actions, suits and arbitration - West Virginia Code West Virginia Legislature (.gov) ? wvcode ? code West Virginia Legislature (.gov) ? wvcode ? code
Stat. Ann. § 731.401; SDCL § 55-1-54. Absent such a specific statutory provision, state and federal arbitration statutes provide that an arbitration clause is enforceable if contained in a contract or agreement.
Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
The West Virginia Human Rights Act also prohibits discrimination by any place of public accommodation against any person because of race, religion, color, national origin, ancestry, sex, age, blindness or disability. Civil Rights Division - WV Attorney General wv.gov ? about ? Pages ? Civil-Rights-Divison wv.gov ? about ? Pages ? Civil-Rights-Divison
There are many kinds of torts under West Virginia law including negligence, trespass, slander, intentional infliction of emotional distress, assault, and battery. Negligent torts, such as failing to obey traffic rules and thus causing an automobile accident, are perhaps the most common and well-known. Torts: What they are and how they help - West Law Firm westinjurylawyers.com ? torts-what-they-are... westinjurylawyers.com ? torts-what-they-are...
Virginia law provides that parties to a controversy may agree to submit their differences to arbitration, with the stipulation that the award may be returned to and entered as a judgment of a court of the Commonwealth having jurisdiction over the subject matter of the controversy. Consumer Arbitration | Cable and Consumer Services - Fairfax County fairfaxcounty.gov ? cableconsumer ? csd fairfaxcounty.gov ? cableconsumer ? csd
The Commission shall establish a schedule of fixed fees for the costs of arbitration. Except as provided in subsection D, such fees shall be divided equally among the parties to the arbitration.
