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Other people’s messes: The arbitrator as cleanup hitter

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 sent Academy members. Rolf Valtin…

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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 disclosure while avoiding the legal…

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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 under the same agreement and…

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Making Arbitration work: A colloquium

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 units. He also explores the…

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Arbitrability and the arbitrator’s jurisdiction

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 a contract of settlement, and…

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Discretion in arbitration – Comment

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 judicial, administrative and arbitral discretion;…

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The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.

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