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An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement of arbitration awards, 2) the “finality” of awards and 3) the resolution of jurisdictional issues by both arbitrators and courts.

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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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Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review has resulted in courts straying into the interpretation of pertinent contract terms when considering challenges to the enforcement of an award. Although reviewing courts are …

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