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The Revised Uniform Arbitration Act: Third leg of modern arbitration law

A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the Act, and the likely impact of the Act. An employee perspective on mandatory employment arbitration and the RUAA is given, including the importance of discovery and the awarding of attorneys …

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The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under each, the common threshold issues of consent and substantive arbitrability, and the bases of judicial vacatur of each are discussed. The author proffers that a …

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The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and the rise of employment arbitration. A distinction is offered between Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) and Gilmer (arbitration appropriate …

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