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Other people’s messes: The arbitrator as cleanup hitter

Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he sent Academy members. Rolf Valtin opines that parties’ use of the words “final and binding” connotes their intention that an arbitration decision will not be merely advisory; not their intention …

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Judicial review: As the parties see it

Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to only minor, ad hoc labor disputes with no far-reaching impact, or because they believe that arbitrators possess a special competence. In the area of discrimination …

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