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Articles 31 - 43 of 43
Full-Text Articles in Law
Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn
Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn
Articles
Labor, as embodied by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), is perceived by many as a monolithic force but, in reality, is composed of a coalition of sometimes competing interests. Not surprisingly, and often raucously, the unions within the AFL-CIO compete for members in both representation and work assignment disputes. Traditional legal doctrine implies that National Labor Relations Board (NLRB or Board) proceedings present the only means to resolve inter-union disputes and that these disputes can be understood solely as legal issues; however, this is not the case. For almost thirty years, the AFL-CIO has …
Dispute Resolution In China, Robert F. Utter
Dispute Resolution In China, Robert F. Utter
Washington Law Review
It gives me great pleasure to submit this essay as part of a tribute to Professor Luvern Rieke. I first met him in his initial year of teaching contracts at the University of Washington, when I was a beginning law student. We later worked together in a variety of contexts including ecumenical religious projects; matters concerning domestic relations subjects when I served on the King County Superior Court bench; and on the Judicial Council, where I served as a member of the Washington State Supreme Court. To each role he brought a unique combination of personal qualities: he was thoughtful, …
Labor Law—Arbitration And Award—Limits To Arbitral Authority And A Standard Of Review For Arbitral Awards Against Successor Employers—United Steelworkers V. United States Gypsum Co., 492 F.2d 714 (5th Cir.), Cert. Denied 419 U.S. 998 (1974), Eric Richter
Washington Law Review
In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit reviewed an arbitral award against a successor employer. In so doing, the court applied the doctrine which traditionally has governed arbitration awards against parties who have contracted to arbitrate. This note will examine the arbitral process in Gypsum against the background of the successor's duty to arbitrate and the standards evolved to govern this arbitration process. It concludes that the special circumstances under which the successor employer faces arbitration require imposition of cognizable limits on the authority of the arbitrator, subject to the review …
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
Washington Law Review
With little fanfare the United States in 1970 revolutionized its treatment of private international arbitration by acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and by amending the federal arbitration statutes to give extremely broad effect to the arbitral remedy in most international transactions. As a result, a party with an agreement to arbitrate an international commercial dispute to which the new enactments apply can look to the federal courts and federal law for enforcement of the agreement to arbitrate and for recognition of the award of the arbitrators, regardless of whether the …
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Washington Law Review
But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …
Arbitration Clauses And Fraudulent Inducement, Anon
Arbitration Clauses And Fraudulent Inducement, Anon
Washington Law Review
Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Washington Law Review
But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …
Arbitration Clauses And Fraudulent Inducement, Anon
Arbitration Clauses And Fraudulent Inducement, Anon
Washington Law Review
Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …
Some Confusing Matters Relating To Arbitration In Washington, Wesley A. Sturges, William W. Sturges
Some Confusing Matters Relating To Arbitration In Washington, Wesley A. Sturges, William W. Sturges
Washington Law Review
A review of the case law and statutes of the state of Washington relating to arbitration points up several issues which are of importance to those who may become concerned with arbitrations in the state of either commercial or labor controversies. Some of these issues result from the views which were advanced by the supreme court relating to the arbitration statute of 1881. These issues are still open, although that statute was repealed by the present act, which was originally enacted in 1943. Other uncertainties inhere in the views which have been advanced by the court since the enactment of …
The 1943 Washington Arbitration Act, John C. Braman
The 1943 Washington Arbitration Act, John C. Braman
Washington Law Review
Changes in the arbitration laws of the State of Washington effected by the 1943 Act, can be expected to increase the effectiveness of written arbitration agreements as a means of settling controversies. The new act is patterned after the old Washington act of 1881, which was repealed in toto, but its scope is larger and it is more specific in providing legal machinery for the conduct of arbitration.
The Settlement Of Disputes By Arbitration, Alfred N. Heuston
The Settlement Of Disputes By Arbitration, Alfred N. Heuston
Washington Law Review
A movement has recently gained considerable headway in this country to overturn the well settled common law rule that executory agreements to arbitrate disputes are revocable." Congress and the legislatures of New York, New Jersey, Massachusetts, and Oregon have recently enacted laws designed to effect this result. Where such laws are in force it is no longer possible for one to enter into a solemn agreement with another to arbitrate in case any dispute should arise, and later, when a dispute has arisen, resort directly to the courts, in total disregard of such agreement.