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Articles 1 - 12 of 12
Full-Text Articles in Law
Where Are We Headed With Mandatory Arbitration Of Statutory Claims In Employment?, Harry T. Edwards
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
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
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
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
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
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
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
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.
Nasd Applications Require Arbitration Of Employment Disputes - Mouton V. Metropolitan Life Insurance Co., Christina S. Young
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.
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
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
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 …