Commenting on Arbitrator Mittenthal’s paper describing the virture of narrowly-focused rationale in contract interpetation cases [DRW 2009-335], Attorney Smith states that advocates would be wise… Read More »Help wanted: Detecting the Rational in Significant Contact Interpretation Disputes
A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential… Read More »Contract Interpretation; Part I: The interpretive process: Myths and reality
A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties… Read More »Contract Interpretation; Part II: External law and the interpretive process
Arbitrators Davey, Linn and Parson offer guidance in the consideration of equities when applying the terms of the CBA, as well as other advice on… Read More »Situation ethics and the arbitrator’s conscience
Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly… Read More »When should arbitrators follow federal law?
National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice… Read More »The presidential address – management rights revisited