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…
Historically, Arbitration Agreements were a part of commercial business contracts. In 1925,The Federal Arbitration Act, or the FAA passed; giving employers the right to enact Arbitration Agreements in the workplace as a means of cutting the cost of litigating lawsuits in court. However, under the Unconscionable Contract or Clause.§ 2-302 ; Arbitration Agreements are not binding when entered or signed under duress and when unconscionable. The definition of an unconscionable is an unbalanced,…
Arbitration is a process that can take the place of a court hearing when there is a dispute. The arbitration process consists of both sides presenting their argument to an impartial third party who will either provide a decision that will be upheld by the court. There are different types of arbitration and only certain types of disputes can be heard by the arbitration process. The two most common types of Arbitration in an employment relationship are voluntary, which is non-binding and…
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…
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…
Hialeah, 2014). The court argued that each of the three arbitration clauses, called for different dispute resolutions, which were contradictory to each other. One arbitration clause called for dispute by jury waiver, while another called for arbitration by a single arbitrator, and yet another required arbitration by a panel of three arbitrators. Furthermore, the court stated, “there was no meeting of the minds with respect to the terms by which [the dealership] intended the parties to be bound”…
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…
Civil litigation is the process of taking legal action against something. It starts with the
Plaintiff bringing forth legal action against the Defendant. From this point, the Defendant has to
respond to the Plaintiffs actions within a certain time period. Once the Defendant does respond,
they can admit to it to a portion or none of the lawsuit at that time. Although if the Defendant
does not respond within the time period, then the courts will step in and make a judgment on the
case. Once the…
Employers seeking alternatives to jury trials have traditionally looked to arbitration agreements. It is clear from my research the that Federal Courts will not permit states to constrict arbitration, and they will enforce arbitration agreements in all but the rarest circumstances, no matter how much advantage they give to the stronger parties. I agree with the legal trend that is visible in state and federal case law, to the extent that it has grown tremendously since the FAA was enacted, but I…