Arbitral tribunal

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  • Arbitration Case Study

    BUS 405 WK 9 Quiz 8 Chapter 11,12 - All Possible Questions To Purchase Click Link Below: http://strtutorials.com/BUS-405-WK-9-Quiz-8-Chapter-1112-All-Possible-Questions-BUS4058.htm BUS 405 WK 9 Quiz 8 Chapter 11,12 - All Possible Questions TRUE/FALSE 1. Currently, management might have to submit a grievance to arbitration even if the labor agreement is no longer in effect and management has decided to close its operations. 2. Arbitrators are usually more liberal than the courts in the types of evidence permitted at the hearing. 3. Arbitration is one of the more traditional aspects of industrial relations since it was extensively used in the early 1800s. 4. An arbitrator is not allowed to frame the wording of the grievance issue after the arbitrator has heard the evidence presented at the arbitration hearing. 5. Prehearing stipulations are joint union-management agreements as to the issues involved and certain grievance "facts" concerning the grievance. 6. The Steelworkers' "Trilogy" recognized the importance of the common law of the shop. 7. While arbitration is a common practice today, there are no universally applicable rules concerning arbitration hearings including number of participants and location. 8. Even though an arbitrator has the legal authority to subpoena witnesses and documents, the arbitrator may not make an adverse inference if the subpoena is not complied with. 9. Arbitrators often assess witness credibility through…

    Words: 1734 - Pages: 7
  • Appellate Court Case Analysis

    LEGAL ARGUMENT STANDARD OF APPELLATE REVIEW In reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it.…

    Words: 2071 - Pages: 8
  • To What Extent Was Robespierre Justified

    Convention is forced to take severe action quickly against the defiance of the law. In order to maintain control, it is necessary for lawbreakers to be punished even if it requires death. As a result, in December 1793, “counterrevolution in western France [was] near collapse” (Doc A). To control the areas of resistance, the idea of strict punishments combined with terror was required to contain the chaos. Thus, when considering the benefit of the country as a whole, taking such measures was not…

    Words: 1369 - Pages: 6
  • Why Is The Reign Of Terror Justified

    new government. That’s why I think it was justified for France to go to war and keep the terror going because France was only doing what countries have been doing since the first war. They were protecting their people and their way of life. People question the methods the French government did to stop the threats from the counterrevolutionaries on inside to the foreign enemies on the outside. One of the methods used to punish the counterrevolutionaries was the Revolutionary…

    Words: 1558 - Pages: 7
  • Grace V Minister Of Land Information Case Study

    land. This case is significant as the Environment Court considered the cultural importance of land in making their decision. The vibe of the decision felt in line with the Treaty of Waitangi principle of ‘active protection.’ Active protection is the idea that where it is reasonable and possible, the Court has an obligation to protect Maori interests and property. While many see this case as a victory for Grace, it is unlikely that this case will have a big impact on protecting Maori land…

    Words: 961 - Pages: 4
  • Sandi Flipton Case Summary

    Merits review considers the facts and law as they are at the time of review. Another advantage of merits review is that the Court is not bound by strict rules of evidence, and proceedings are often faster, cheaper, and easier for those that self-represent. The CAA is Commonwealth legislation, so merits review is conducted at the Administrative Appeals Tribunal (AAT). Merits review allows for a decision to be determined on its merits of fact and law. Merits review can vary, affirm, or set aside a…

    Words: 908 - Pages: 4
  • Haque & Ors V Minister For Immigration & Anor Case Study

    The Administrative Appeals Tribunal does not have to take the opinion to be correct as in regulation 2.25A, and is not bound by the opinion. Furthermore, if a decision is based upon mistaken facts it may be set aside as has been established in the case of House v R [1936] HCA 40; (1936) 55 CLR 499 (17 August 1936). Moreover the implications are that when the presiding Tribunal for merits review cases, currently the Administrative Appeals Tribunal (Migration and Refugee Division), is…

    Words: 767 - Pages: 4
  • The Doctors Trial

    mean death sentences without a trial. In the end, it was decided that a criminal trial would be more effective. Doing a criminal trial would require documentation and prevent later accusations of unfair rulings. “The Allies eventually established the laws and procedures for the Nuremberg trials with the London Charter of the International Military Tribunal (IMT), issued on August 8, 1945. Among other things, the charter defined three categories of crimes: crimes against peace (including…

    Words: 1166 - Pages: 5
  • Anti-Kickback Law Violations

    This investigation stems from Dr. Fonn self-reporting that he his privileges had been suspended for 30 days from a hospital in Cape Girardeau, MO. It was due to alleged conflict of interest and federal prosecution for Anti-Kickback law violations. He also answered positive to remuneration for two cases in the past year. A case was opened. *** On 012-16-2014, the Board office received an application for Missouri Medical License from Dr. Sonjay J. Fonn, DO of Cape Girardeau, MO. In filing for…

    Words: 857 - Pages: 4
  • The Arbitral Protocol: The Geneva Protocol

    The Geneva Protocol (Articles 2) dealt with the arbitral procedure and provided for the procedure, including the constitution of the Arbitration Tribunal, to be governed by the will of the parties and by the law of the country in whose territory the arbitration takes places. The Geneva protocol required each contracting state to .undertake to ensure the execution by its authorities and its accordance with the .provisions of its national laws of arbitral awards made in its own territory two…

    Words: 1090 - Pages: 5
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