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Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of…

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The arbitrator’s immunity from suit and subpoena

The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or subpoena, and present possible responses…

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The author distinguishes between the need for arbitrators to be proactive in statutory disputes, as opposed to an otherwise ordinary CBA dispute in which a statutory issue is presented. The…

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