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 addresses how past practices are…
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 addresses how past practices are…
A discussion of Benjamin Aaron’s paper on past practice that focuses on wage differential arbitrations, the distinction between gratuities and past practice, technological changes, and economic changes. [See 1955 page…
The classic discussion of past practice. When does a customary way of doing things become a binding contractual obligation and when may it be changed? Several answers to those questions…