Absent Specific Agreements Between The Parties

According to the Tribunal, the Federal Arbitration Act imposes specific « fundamental rules. » One of these rules is that « arbitration is a matter of consent, not coercion. » Arbitration agreements are contracts that should be applied according to the intentions of the parties. As such, the parties can structure their agreements in such a way as to decide at their convenience with whom they wish to arbitrate. Therefore, « under the FAA, a party may not be required to submit to class arbitration unless there is a contractual basis for concluding that the party has agreed » 5.8.5. Inhibition of time-limitation. The obstruction of time limitation in negotiations between contracting parties on the existence of client rights because of a claimed defect is limited to the right invoked. Negotiations with an inhibition effect begin from the moment absence.io received the written description of the alleged defect. The inhibition effect negotiations end on the date on which absence.io corrected the default or failure, a contractor notified in writing that the negotiations had stopped, if not 3 months after receiving the last statement from a contractor regarding the alleged default by the other contractor. Stolt is a shipping company. AnimalFeeds ships products with Stolt under a standard contract.

The contract had a compromise clause which, established by the parties, did not specify whether the Schieds class was correct. 5.9.1. Application of copyright provisions. Notwithstanding the objective protection of the software under copyright law, national and international copyright rules between the parties apply to the software provided by absence.io in accordance with this contract. 5.7.6. Rights related to contractual practices. In the event of non-contractual behaviour by the client, particularly in relation to late payments or the initiation of insolvency proceedings concerning assets or defaults, absence.io may revoke the client for resale and/or subsequent processing and/or processing of the property reserve.

Les commentaires sont clos.