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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 ways to settle disputes at an early level through streamlined procedures, mediation, joint fact-finding and arbitral inquiry. Responses point out 1) that the ideal of …

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Addresses problems more likely to arise in ad hoc arbitration than when serving as a permanently designated arbitrator. The issues include motions to consolidate cases; use of submission agreements; unevenly matched advocates; weaknesses in tripartite boards; and deference to other arbitrators’ awards.

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Discussion of typical ethical problems in ad hoc arbitration, many of which also arise in permanent appointments.

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Constraint and variety in arbitration systems

An essay on the differences in concepts of arbitration, how they originated, and the apparent uniformities in the evolution of arbitration systems. The authors discuss the two types of permanent arbitration systems extant prior to 1940 – the Impartial Chairman System and the umpire system, – and the development of arbitration systems after 1940. Also …

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