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A historical review of the evolution of the doctrine of arbitral immunity. Arbitrators are well protected, but even if a claim is summarily dismissed, an arbitrator may incur the expense of attorney’s fees. Insurance policies afford protection for such defense costs.

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Decisional thinking: New York panel report

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in three contexts: pre-hearing, hearing, and post-hearing. Prehearing subjects include choice of forum, preparation and discovery, and prevalence of settlement. Hearing subjects include the formality of …

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Decisional thinkingNew York panel report

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped by the institutional framework within which they operates. The New York report addresses the CBA and external law , pre-hearing procedures, choice of forum and the adjudicator; pretrial preparation and …

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Arbitration: toward a rebirth

The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement produced by good-faith collective bargaining, and based upon a realistic appraisal of external law as it existed when the accord was reached, was required, as …

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