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Arbitrators and the remedy power

An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by the courts as to the…

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The Lincoln Mills decision

The full text of the Supreme Court decision in Textile Workers Union of America v. Lincoln Mills of Alabama

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The role of the law in arbitration: A panel discussion

A panel discussion of arbitration after the Lincoln Mills decision. Mr. Ross sees a need “to restore and protect some of the traditional values of arbitration” by viewing arbitration “not…

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Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction…

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Arbitrator Aaron opines that the immediate effects of Lincoln Mills may be disruptive of industrial relations, because most judges are both poorly informed on the subject and have attitudes that…

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The author asserts that arbitrators pay heed to safeguards that have attended centuries of judicial decision making; that they should value precedent to the extent required to achieve consistency, where…

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The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…

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