The state of external law’s effect on the arbitration process. 1. External law in arbitration: hard-boiled, soft-boiled, and sunny-side up.

The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to uphold the agreement over the law, the law over the agreement, or the “middle ground”: permit conduct forbidden by law but not require it (i.e., not require the enforcement of a CBA provision that contravenes external law).