Should the scope of arbitration be restricted? What and when and how to arbitrate.

January 1, 1965


Proceeding Authors:
Ben Fischer
 

In response to an opposing paper, the author suggests that the parties say more by the arbitrators they designate than by their doctrinal protestations. The author asserts that arbitration must be stable and that continuity, knowledge and experience should be brought to the hearing: that the parties have an obligation to help arbitrators and not be unduly critical of them and that the parties are best served by adherence to the contract terms as the guide for all arbitration. The author takes exception to employers’ use the concept of implied rights without legal, contractual or moral justification, and observes that the parties are best served by adherence to the contract terms as the guide for all arbitration..


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