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University of Michigan Law School

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2000

Arbitration

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Arbitration And Judicial Review, Theodore J. St. Antoine Jan 2000

Arbitration And Judicial Review, Theodore J. St. Antoine

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A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …


Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine Jan 2000

Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine

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Buy a new car that turns out to be a lemon and you may find you can't sue. Fine print in the sales contract often restricts you to arbitration. That means presenting your case before a private person instead of a judge and jury. And the arbitrator may be someone drawn from a panel compiled by the car seller.