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A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties any current or past relationships before accepting an appointment, and that any doubts should be resolved in favor of disclosure.

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Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny

A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective bargaining agreement. The author views the arbitrator as the “reader” of the agreement, under terms set by the parties and that, since the parties have agreed to accept an award …

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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 …

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’ decision that a dispute is not arbitrable after a court determination of arbitrability; suits to confirm or vacate awards; individual breach of contract suits; other …

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Arbitrator Aaron opines that the immediate effects of Lincoln Mills may be disruptive of industrial relations, because most judges are both poorly informed on the subject and have attitudes that are generally inimical to the arbitration process and to the best interests of the parties. He suggests that to minimize judicial intervention, arbitrators must subject …

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