Other people’s messes: The arbitrator as cleanup hitter

March 16, 1994

Synopsis By: Lurie
Proceeding Author:
Reginald H. Alleyne, Timothy J. Heinsz, Rolf Valtin
 

Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he sent Academy members. Rolf Valtin opines that parties’ use of the words “final and binding” connotes their intention that an arbitration decision will not be merely advisory; not their intention to foreclose revisiting the issue. Professor Reginald Alleyne offers his view that arbitrators should not accept assignments in which they are called upon to decide the propriety of other arbitrators’ fees.


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