Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….

The similarity between the arbitrator’s function in interpreting and applying the agreement and a judge’s function in interpreting and applying a statute is addressed, as is the ability of an…

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…

The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty in accepting the narrow scope…

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 contractually authorized to do so….

The labor contract or the submission agreement defines the authority of the arbitrator. Arbitrators should visit statutory law in a case only if they possess special competence in that area…

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve…

The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator;…

Professor Eisenberg examines develops in public sector arbitration in New York City and State, including (1) the status of the arbitrability presumption, (2) some changes in policy on the subject…

Professor Gamser observes that, “If there is still some basis to continue the debate over whether external law must be considered by the arbitrator in the private sector, there is…