A discussion of judicial reasoning in overturning arbitration awards, with a focus on W. C. Grace. Arbitrators’ application of stare decisis to prior arbitrator awards under the same agreement and…
A discussion of judicial reasoning in overturning arbitration awards, with a focus on W. C. Grace. Arbitrators’ application of stare decisis to prior arbitrator awards under the same agreement and…
The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to…