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… Read More »The law of contracts: A changing legal environment
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… Read More »The role of law in arbitration
Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]
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… Read More »Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee
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… Read More »The uses of the past in arbitration