Controlling the Arbitration Hearing
An exploration of whether the phrase “control of the hearing” has a core meaning upon which advocates and arbitrators agree or whether it is a… Read More »Controlling the Arbitration Hearing
Sharpe; Calvin William
Arbitration in a fishbowl: The ethics of disclosure 1. Introduction
The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.
Invited papers: 1. Optimality theory and its implications for arbitral practice
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
Judicial review of labor arbitration awards:The view from the bench
An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix… Read More »Judicial review of labor arbitration awards:The view from the bench
Employee empowerment – Collective bargaining’s future role
A debate about the efficacy of organized labor as opposed to freedom of individuals to contract.
Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.