Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he… Read More »Other people’s messes: The arbitrator as cleanup hitter
A discussion of judicial reasoning in overturning arbitration awards, with a focus on W. C. Grace. Arbitrators’ application of stare decisis to prior arbitrator awards… Read More »Arbitration in court: Judging the judges
The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.
The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full… Read More »Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters
In a further examination of the comparison of arbitral and judicial discretion, Marshall submits that there is little discernable distinction between the proper exercise of… Read More »Discretion in arbitration – Comment
George W. Taylor examines the dynamic forces affecting the purposes served by arbitration.Irving Bluestone notes that expense or arbitration can be problematic, especially for small… Read More »Making Arbitration work: A colloquium
An examination of the differences between arbitrability and jurisdiction. Author Justin posits that an arbitrator serves as parties’ agent, with the arbitrator’s award viewable as… Read More »Arbitrability and the arbitrator’s jurisdiction