Law Commons^™

Where Are We Headed With Mandatory Arbitration Of Statutory Claims In Employment?, Harry T. Edwards

Georgia State University Law Review

No abstract provided.

Non-Union Member Complaints To Calculation Of Agency Shop Fees: Arbitration Or Judicial Relief - Air Line Pilots Ass'n V. Miller, Ann E. Ahrens

Journal of Dispute Resolution

"Free rider" problems plague any group or association that provides general benefits for its participants. Members may pay a fee, but nonmembers can reap the benefits without expenditure. Labor unions address this disparity through the use of agency shop fees contained in collective bargaining agreements. These fee agreements call for those employees who choose not to join the union to pay their share of the costs of collective bargaining. Labor unions have developed extensive mechanisms in order to calculate the amount of the fee. Employees, who do not want to subsidize activities they do not support, can file complaints with …

Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith

Fordham Journal of Corporate & Financial Law

No abstract provided.

Awarding Costs And Attorneys' Fees In International Commercial Arbitrations, John Yukio Gotanda

Michigan Journal of International Law

This Article examines the practice of awarding costs and fees in international commercial arbitrations. Part I reviews the history of awarding costs and fees and the approaches that countries have adopted to resolve these claims. It concludes that an overwhelming number of countries permit such awards and follow the principle that the losing party should reimburse the prevailing party for expenses incurred in connection with the arbitration, including attorneys' fees. Part II examines the approaches used by international arbitral tribunals in resolving claims for costs and fees and finds that they are inadequate. Part Ill proposes a new model for …

Administered Versus Non-Administered Arbitration, Peter H. Kaskell

ILSA Journal of International & Comparative Law

CPR is a Not-For-Profit membership organization with a staff of modest size and panels of arbitrators and mediators second to none.

Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack

Fordham Law Review

No abstract provided.

The Use Of Arbitration To Settle Territorial Disputes, Carla S. Copeland

Fordham Law Review

No abstract provided.

Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider

Michigan Journal of International Law

In the face of the remarkable growth of international organizations in the last fifty years, scholars in multiple disciplines have sought to explain why and how states cooperate. Dispute resolution is one of the most crucial components of international cooperation. Examining the dispute resolution regimes of international organizations in light of these theories can inform and help reform these evolving regimes.

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

Scholarly Works

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?

In this article, the author explores the dilemma presented when one neutral …

Nasd Applications Require Arbitration Of Employment Disputes - Mouton V. Metropolitan Life Insurance Co., Christina S. Young

Journal of Dispute Resolution

Under the Federal Arbitration Act's (FAA) mandate favoring arbitration, numerous statutory claims are subjected to arbitration. For employment disputes falling under Title VII, competing approaches based on whether the employment agreement was a union or a non-union agreement, have been adopted. Union agreements to arbitrate employment disputes are generally not compelled to arbitrate. Conversely, in a non-union employment agreement, the broad arbitration clauses are interpreted to require arbitration of Title VII claims. These inconsistent rules have been applied to the detriment of non-union employees.

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.

The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray

Fordham Urban Law Journal

The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review

No abstract provided.

A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth

Fordham Urban Law Journal

As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …

Compelling Arbitration Of Claims Under The Civil Rights Act Of 1866: What Congress Could Not Have Intended, Jean R. Sternlight

Scholarly Works

The Civil Rights Act of 1866 was a very special statute, designed at minimum to eliminate all "badges and incidents of slavery" and to ensure that the freed slaves would be provided with civil rights equal to those of white persons. Its enforcement depends on the availability of a neutral public system of justice. Private arbitration cannot assure these characteristics. Thus, courts should not enforce agreements to arbitrate future disputes that may arise under this statute. This Article, however, does not argue that arbitration of claims under the Civil Rights Act of 1866 should be prohibited altogether. Disputants who mutually …

Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein

Publications

In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.

Default Rules From Mandatory Rules: Privatizing Law Through Arbitration, Stephen Ware

Stephen Ware

This Article considers the extent to which the creation of law has been privatized through arbitration. It suggests that, under Supreme Court cases and other current legal doctrine, vast areas of law are privatizable and that this degree of privatization is possible only through arbitration. The implications of this point are separated along the familiar line between mandatory rules of law and default rules. The first implication is that arbitration jeopardizes mandatory rules of law. To preserve the mandatory effect of these rules, the Supreme Court must make a choice. The Court must either reverse its decisions that claims arising …