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Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual bias was shown. The Court…

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Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the grievants against their employer, and…

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The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.

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A survey — of NAA members, management attorney advocates in the U.S. and Canada, and union attorney advocates — the purpose of which is to determine the factors that go…

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Arbitrator Mittenthal observes the vast discretion that arbitrators possess, and offers advice as to its use. He recommends a pragmatic, common sense approach based upon thoughtfulness and fair play, and…

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Whither arbitration?

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving…

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A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties any current or past relationships…

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A report on arbitrator development, internship programs and arbitrator training programs across the country.

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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…

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A critique of decision writing and the growing tendency of arbitrators to write overly-lengthy decisions, to overuse dicta, and to engage in “pseudo-intellectual posturing” and to give unsolicited and gratuitous…

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