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Full-Text Articles in Law
Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon
Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon
Dalhousie Law Journal
In the wake of a protracted period of faculty unrest at the University of Saskatchewan, two decisions of the province's Labour Relations Board, and an award of a sole arbitrator will have more enduring significance than the dispute that engendered them. In this paper I propose to consider this trilogy and comment on its importance in an assessment of labour relations in an academic setting.
Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer
Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer
Journal of Dispute Resolution
With the movement toward alternative dispute resolution comes the issue of how much freedom arbitrators will be given before the courts will find the arbitrator's rulings to be beyond their jurisdiction. This Note will provide an understanding of the decision in Cobler v. Stanley, Barber, Southard, Brown & Associates, where the court limited the power of the arbitrator. 2 Further, this Note will explain how Cobler is inconsistent with California case law which suggests that great deference shall be given to the power of arbitrators.
Quasi-Judicial Immunity: The Arbitrator's Shield Or Sword, Robert M. Carroll
Quasi-Judicial Immunity: The Arbitrator's Shield Or Sword, Robert M. Carroll
Journal of Dispute Resolution
With the rising number of divorces in today's society 2 and with the national emphasis to resolve child custody disputes through alternative forms of dispute resolution,3 the ability to hold arbitrators accountable for their actions within settlement conferences is becoming a prevalent issue. Arbitrators and mediators, commonly outside of the court's supervision, are now determining the best interests of the child, a role traditionally reserved to the courts.4 This increase of out-of-court settlements creates a need for certain standards which hold these quasi-judicial officers responsible for their decisions and liable for their actions. The court in Howard v. Drapkin addressed …
A Better Approach To Arbitrability, Jeffrey W. Stempel
A Better Approach To Arbitrability, Jeffrey W. Stempel
Scholarly Works
Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration agreement and …