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- Collective bargaining agreements (2)
- Alexander v. Gardner-Denver (1)
- Arbitral awards (1)
- Contractual and legal obligations (1)
- Dispute settlement (1)
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- External law (1)
- External legal authorities in arbitration (1)
- Gilmer case (1)
- Grievance arbitration procedure (1)
- Informal commitment (1)
- International Court of Justice (ICJ) (1)
- International agreements (1)
- Maritime Delimitation and Territorial Questions between Qatar and Bahrain (1)
- Qatar v. Bahrain (1)
- Survey of arbitrators (1)
- Union arbitration agreements (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
External Law In Arbitration Hard-Boiled, Soft-Boiled, And Sunny-Side Up, Theodore J. St. Antoine
External Law In Arbitration Hard-Boiled, Soft-Boiled, And Sunny-Side Up, Theodore J. St. Antoine
Book Chapters
Thirty-seven years ago Bernie Meltzer and the late Bob Howlett squared off at our annual meeting in a classic confrontation on an issue that refuses to die. What should an arbitrator do when there is a seemingly irreconcilable conflict between a provision of a collective bargaining agreement and the dictates of external law? Professor Meltzer was the hard-boiled logician. Arbitrators' proper domain is the parties' contract, said he, and we "should respect the agreement and ignore the law" when the two diverge. Howlett took the softer, more accomodating approach. He reasoned that "every agreement incorporates all applicable law" and so …
The State Of External Law's Effect On The Arbitration Process. Iii. A Commentary On The External Law Papers And Iv. Panel Discussion, Theodore J. St. Antoine, Marilyn S. Teitelbaum, Robert Vercruysse
The State Of External Law's Effect On The Arbitration Process. Iii. A Commentary On The External Law Papers And Iv. Panel Discussion, Theodore J. St. Antoine, Marilyn S. Teitelbaum, Robert Vercruysse
Book Chapters
Marilyn Teitelbaum: I think I have the best of all worlds because I can read these great papers, without having to prepare one of my own, and like all lawyers I like to talk. So, I can share my views, that sometimes diverge from both of the views just presented, particularly the view from the management perspective.
In one part of Ted St. Antoine’s paper that was not discussed with you today, he says that the external law question may be a “tempest in a tea pot.” My words would be similar—“much ado about nothing.” I think there is a …
A Mirage In The Sand? Distinguishing Binding And Non-Binding Relations Between States, Christine M. Chinkin
A Mirage In The Sand? Distinguishing Binding And Non-Binding Relations Between States, Christine M. Chinkin
Book Chapters
The article discusses the two decisions (thus far) of the International Court of Justice in the case concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain, especially its consideration of when an internationally binding agreement has come into existence. The Court's willingness to infer a legally binding agreement, regardless of the intentions of at least one of the parties, appears to displace the primacy of consent it has emphasized in its earlier jurisprudence. The decision seems to hold states bound by informal commitments, an approach that might inhibit open negotiations between states and undermine genuine attempts to pre-empt disputes …