While arbitration has many procedural problems, delay is not one of them, since most arbitration cases are heard within 10 days after the request.
17. World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential.
18. The "repeat player" situation favors the individual employee.
19. Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties.
20. All things considered (time and expense involved), arbitration offers fewer advantages to the parties than other methods of grievance resolution, such as "pulling the pin" through sudden strike activity.
1. The Supreme Court's Gardner-Denver decision:
a. resulted in trial courts overturning discrimination grievances heard by the arbitrators.
b. contended that the arbitrator’s expertise pertains to labor agreement interpretation and not to resolving federal civil rights laws.
c. applies only to "reverse-discrimination" grievances (white employees having more seniority who are denied a promotion filled by a minority employee, for example).
d. all of these
e. none of…
Contextualizing the need to debate the ‘regulation’ of international commercial arbitration: an introduction
When entering an hospital, the average patient rarely questions the commitment of its doctors to its well-being. Likewise, when visiting an attorney, most have confidence that the person they visit have their best interests at heart. In reality, our confidence in the professionals performing their roles is based on the existence of a complex web of incentives and deterrents not always…
Consolidation under institutional rules in two-party arbitration
Table of Contents
I. Introduction 1
II. Court ordered consolidation 2
III. Consolidation under institutional rules 5
A. Common provisions 6
B. Criteria used 7
(i) Link between the cases – same legal relationship 7
(ii) Compatibility of the agreements 10
C. Relevant circumstances 11
D. Different arbitrators have already been appointed 11
IV. Conclusions 13
A. Increasingly important role of institutions 13
B. Institutional rules…
approaches with regards to confidentiality and misconduct of arbitrators in international arbitration.
Arbitration compared to litigation has proven to be a preferred means in resolving commercial disputes because of its privacy and confidentiality. This is a principle which is widely recognized, however, different jurisdictions like that of Australia and England have different approaches to confidentiality. This is demonstrated in the English case of Emmott v Michael Wilson and the Australian…
com, 2016). The article goes on to inform us that the purpose of this court case was to introduce a uniform statute of limitations for sales contracts, thus eliminating the jurisdictional variations and providing needed relief for concerns doing business on a nationwide scale whose contracts have heretofore been governed by several different periods of limitation depending upon the state in which the transaction occurred (courtlistener.com, 2016). The perception I gather was the understanding…
work out their differences. For these reasons, it is wise to include dispute resolution clauses in contracts so that the parties agree ahead of time how disagreements will be resolved. Including dispute resolution clauses in contracts saves the parties valuable time and money that may have been spent fighting in court.
There are two primary methods of alternative dispute resolution: arbitration and mediation. Both of these methods encourage the parties to settle their disputes outside of the…
international commercial arbitration has become the effective mechanism to resolve disputes between foreign parties, especially in the business community. Besides, nowadays many parties turn to use the arbitration proceeding as an optional method for solving the conflict instead of litigation. This is because the parties need to escape from the national courts, which may postpone procedural dispute. Compared with the arbitration procedure that offers more flexibility, neutrality, finality and…
Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between a civil trial court decision and a decision reached by a single mediator in a binding mediation.
The fairness of a civil trial decision and a mediation decision has many differences, such as who makes the decision and whether or not there is a right of appeal. The fairness of a civil trial decision includes a judge, jury, a winner and a…
In arbitration, the parties are required to conform to the rules governing the process and include accepting the imposed decision by the arbitrator. This process is disadvantageous as compared to a litigation process because it conforms to the same procedure but with dire consequences. A binding arbitration is without an appeal and its ruling is final despite the objections of either party.
Under the law, fraud entails any deliberate deception for self gain (Alghamdi, 2011). Using the evidence…
Mfg. Co. v. Zippo Dot Com, Inc. for determining whether a business that has Internet contact with a plaintiff in a different state satisfies the minimum-contacts standard. This sliding scale is consistent with well-developed personal jurisdiction principles” (Dynamic Business Law, 2016).
Therefore, I do think an Alternative dispute resolution (ADR) may be an option to resolve this dispute. In doing an ADR, both parties are looking for a resolution of the legal disputed, through methods such as…