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The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine Jul 2013

The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine

Other Publications

Each of the three traditional learned professions has had its “bible.” Divines had the progenitor, the Holy Bible itself; medical doctors had Gray’s Anatomy; and lawyers had Blackstone. What could be more fitting than that the sprightly newcomer to the ranks of the learned professions—labor arbitration—should also have its own bible: Elkouri & Elkouri, How Arbitration Works? But while Blackstone, Gray’s, and perhaps even the King James Version have largely been supplanted by sleeker, more contemporary models, nothing of the sort has happened to Elkouri. It just sails on majestically from one edition to another, now heading into its seventh.


A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley Jan 2013

A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley

Articles

One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator's purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of "arbitrability" that necessarily arises when one party disputes the contractual validity of the underlying "container" contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no …