Public law and arbitration

Article Abstract:

The Supreme Court errs in maintaining that there should be neither claims preclusion nor deferral to an arbitrator's award. The court maintains that the laws at issue are to be enforced in the courts and that an arbitrator cannot be an adequate substitute. This argument is based on an inadequate understanding of industrial arbitration. Despite this view, the Supreme Court in the Gilmer and Gardner-Denver line of cases gave arbitration preclusive status and denied judicial review.

Judicial review of administrative acts

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Tripartite arbitration: menage a trois or shot-gun marriage?

Article Abstract:

An employer who has gone through arbitration with several unions and is faced with conflicting awards can resolve matters with all parties in tripartite arbitration. Depending on the court which decided the case, this remedy can be available if one or both parties requested arbitration before the award or if conflicting decisions have already been made. This practice shows favoritism towards employers by forcing unions to submit to an additional arbitration.

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The second golden age of employment arbitration

Article Abstract:

Labor arbitration is enjoying increased popularity and its use in the non-union sector may grow substantially in the next five years. There is evidence of a favorable view of arbitration in both the federal judiciary and the legislature, for instance, the Civil Rights Act of 1991 favors pre-dispute arbitration agreements. The use of retired judges as well as trained arbitrators may prove effective as the process gains popularity.

Commercial arbitration

Similar abstracts:

• Abstracts: Court review of arbitration. Court review of arbitration: some practical observations. Judge Reinhardt's primer on labor arbitration: Stead Motors and public policy judicial review
• Abstracts: Court review of arbitration. Discipline and decisions: a study of arbitration cases dealing with employee discourtesy

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