The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present… Read More »Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the… Read More »Arbitration in a fishbowl: The ethics of disclosure 2. Careful Where You Step
The panelists discuss just cause in public sector (non-federal).
Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual… Read More »Arbitration in a fishbowl: The ethics of disclosure 3. Labor arbitration and failure to disclose
Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to… Read More »Current challenges and recent developments in four industries 3. A case study of how the courts affect arbitrators and arbitration in the public sector:Illinois and the public policy exception
A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an… Read More »Final and binding, but appealable to courts: Empirical evidence of judicial review of labor and employment arbitration awards
An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix… Read More »Judicial review of labor arbitration awards:The view from the bench
The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of… Read More »How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.
The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in… Read More »Arbitration of health-related issues, with special reference to the ADA: Management perspective
Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will… Read More »Presidential address: Bye bye Trilogy, hello arbitration