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Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Journal of Dispute Resolution
One of the most crucial aspects of the arbitrator's role is neutrality. For arbitration proceedings to achieve a fair resolution of disputes, the arbitrator must make his decision without bias. All jurisdictions allow vacation of arbitration awards where there is "evident partiality" on the part of an arbitrator appointed as neutral. The application of this "evident partiality" test, however, has yielded widely varying results. Moreover, most state and federal courts apply a lower standard of impartiality to arbitrators than they apply to judges. The reason for this lower standard is that the parties consented to a less than perfect tribunal …
Arbitrator's Jurisdiction To Determine Arbitrability Of Labor Disputes Under Public Sector Collective Bargaining Agreements: Is The Arbitrator's Jurisdiction To Decide Arbitrability In The First Instance The Worst Of Both Worlds - Mclaughlin V. Chester Upland School District, An, Brian D. Kennedy
Journal of Dispute Resolution
The general rule permitting pre-arbitration adjudication of arbitrability has been criticized as an invitation to forum-shopping and a "race to the courthouse," an unnecessary obstacle to expeditious resolution of labor disputes,6 and a bad faith attempt by one party (usually the employer) to breach a contractual commitment to arbitration.7 Overruling a number of its own precedents following this majority rule, the Commonwealth Court of Pennsylvania recently held in McLaughlin v. Chester Upland School District that an arbitrator has the sole and exclusive jurisdiction in the first instance to decide the arbitrability of a labor dispute arising out of a public …