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Articles 1 - 6 of 6

Full-Text Articles in Law

Preparing And Presenting An Arbitration, William L. Corbett Jun 1988

Preparing And Presenting An Arbitration, William L. Corbett

Faculty Journal Articles & Other Writings

This article draws a comparison between arbitration and the judicial process at the pre-hearing, hearing, and post-hearing stages.


Arbitration In Montana And The Need For New Legislation, William L. Corbett Feb 1988

Arbitration In Montana And The Need For New Legislation, William L. Corbett

Faculty Journal Articles & Other Writings

No abstract provided.


The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen Jan 1988

The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen

LLM Theses and Essays

The thesis concludes that arbitral awards do have an impact on the development of international law. It focuses on arbitral awards rendered in disputes between states and on those rendered in investment disputes between states and aliens. In Chapter II theoretical considerations concerning the influence of arbitral awards on the development of the international law are made. Chapter III, which examines the impact of arbitral awards on the development of some rules of the international law concerning the taking of foreign-owned property, illustrates the role which arbitral awards rendered in investment disputes play in the development of international law.


The Reception Of Arbitration In United States Law, Thomas E. Carbonneau Jan 1988

The Reception Of Arbitration In United States Law, Thomas E. Carbonneau

Journal Articles

The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards - in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy.


Unions And Urinalysis, Deborah A. Schmedemann Jan 1988

Unions And Urinalysis, Deborah A. Schmedemann

Faculty Scholarship

Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …


Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine Jan 1988

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.