NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

An examination of findings and recommendations made by state and federal courts since 1955 in matters of alleged misconduct by labor arbitrators. Allegations of arbitral misconduct are more common in…

Read more

Procedural problems in the conduct of arbitration hearings: A discussion

A discussion of the following procedural disputes: Ruling on arbitrability before hearing the merits – ex parte hearings – calling the opposing party’s witnesses first – admissibility of settlement offers…

Read more

Building the evidence record: The bounds of “arbitral advocacy”

An examination of arbitral discretion in the context of building the evidence record and controlling the hearing: techniques, demeanor, temperament and style with particular emphasis on gradations of arbitral involvement…

Read more

The author describes arbitrators’ varying approaches to the arbitration hearing, from active and interventionist, to passive, permitting the advocates to present their cases as they choose without inteference from the…

Read more

An arbitrator’s sole function is to decide a specific issue according to the submission of the parties and the record presented. Among the most egregious abuses of arbitral power, therefore,…

Read more

The author addresses the extent to which arbitrators can or should 1) direct the course of the hearing, 2) consider apparent unexplained “holes” in the record, 3) balance due process…

Read more

The Committee concludes that the basic standards of ethics applicable to any judge, foremost of which are the qualities of honesty and impartiality,should be applied to the code of labor…

Read more

A survey of arbitrator demographics, workload and fees conducted by the Committee.

Read more

Examples of arbitrators’ practices that deviate from the parties’ expectations in the hearing and decision writing. Over familiarity with a party, expediting the procedure for personal convenience or to meet…

Read more

Decisional thinking: New York panel report

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in…

Read more
Page 1 of 2 12