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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page…

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A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the obvious case where the contract…

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Problems of proof in the arbitration process: Report of the New York Tripartite Committee

Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]

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The law of contracts: A changing legal environment

Between Harry Shulman’s view that collective bargaining agreements are pacts adopted in complex industrial societies to set up systems for their governance, and the Williston view that a contract is…

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Discusses the uses and abuses of past practice in arbitration in relation to the “plain meaning” rule of contract interpretation and ambiguous contract terms. Also addresses how past practices are…

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