NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single party, in order to carry out an award’s intent, and further advocates amendment of Section 6.D.1. of the Code of Professional Responsibility accordingly.

Read more

The Code and post-award arbitral discretion

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and adopts the view that arbitrators are not functus officio until the job is finished. Arbitrator Nolan discusses several specific ethical issues and Arbitrator Quinn advises …

Read more

An examination of findings and recommendations made by state and federal courts since 1955 in matters of alleged misconduct by labor arbitrators. Allegations of arbitral misconduct are more common in commercial arbitration where, the author speculates, the parties are both less informed in their selection of arbitrators and more willing to seek court reversal of …

Read more

Report of Committee on Law and Legislation – 1959

The various legislation committees of the Academy had been concerned for, eight years, with the question of legislation affecting labor dispute arbitration. A chronological record of the Academy’s efforts is presented.

Read more

Arbitration: A union viewpoint

Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in a forum that is simpler, more expeditious, more expert and more private that the courts. The CBA is not seen as an exclusive statement of all the rights and privileges …

Read more

Report of Special Committee on Statutory Regulation of Labor Dispute Arbitration

Read more

National Academy of Arbitrators Progress Report of Special Committee on Statutory Regulation of Labor Dispute Arbitration

Read more

Appendix to Report Dated September 22, 1957 on the Uniform Arbitration Act

Read more

The proposed uniform arbitration act: a panel discussion

A panel discussion of a proposed uniform arbitration act (the provisions of which were amended after the Academy rejected an earlier draft). Dean Pirsig supports the then-current Act, which had the objective of promoting arbitration as a means of settling disputes. Versions of existing uniform arbitration acts and provisions of the proposed act are reviewed. …

Read more
Page 1 of 2 12