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Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to avoid it. Arb. Nicolau suggests…

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The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

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Building the evidence record: The bounds of “arbitral advocacy”

An examination of arbitral discretion in the context of building the evidence record and controlling the hearing: techniques, demeanor, temperament and style with particular emphasis on gradations of arbitral involvement…

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The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single party, in order to carry…

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Acknowledging that arbitrators disagree on whether jurisdiction should be retained following issuance of the decision, and giving examples where the retention of jurisdiction was efficacious, if not essential, the author…

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NAA President Nicolau discusses the measures the Academy and its member should take to preserve fairness and effectiveness given the increasing frequency with which arbitrators are called upon to resolve…

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Is it time for a national unfair dismissal statute?

George Nicolau presents the benefits of a national unfair dismissal statute and how it might function. The panelists discuss possible the possible beneficial and harmful consequences of such a statute….

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Panel discussion: Utilities

The effects of the transition of Pacific Gas and Electric from a regulated to a competitive industry, and the participation of its unions – the IBEW and ESC. The historic…

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Implementing remedies and retaining jurisdiction3. Panel discussion

The authors respond to questions and receive comments about the retention of jurisdiction in the United States and in Canada.

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Reminiscences of George Nicolau

George Nicolau describes his life experiences, insights, observations about the arbitration profession, and his plans. Arnold Zack asks the questions….

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