How Arbitration Works
Author | : Frank Elkouri |
Publisher | : |
Total Pages | : 228 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
This treatise contains a broad array of developments in labor-management dispute resolution.
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Author | : Frank Elkouri |
Publisher | : |
Total Pages | : 228 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
This treatise contains a broad array of developments in labor-management dispute resolution.
Author | : Margaret L. Moses |
Publisher | : Cambridge University Press |
Total Pages | : 91 |
Release | : 2008-03-17 |
Genre | : Law |
ISBN | : 1139469975 |
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author | : Charles S. Loughran |
Publisher | : BNA Books (Bureau of National Affairs) |
Total Pages | : 592 |
Release | : 1996 |
Genre | : Business & Economics |
ISBN | : |
Before the heating, during the hearing, and following the hearing -- here is your essential guide to achieving winning results in arbitration. The author, a former labor attorney and employee relations executive, explains the most effective techniques you can use to: - determine what needs to be proven- assemble the evidence- select the arbitrator- present the case in chief- deal with objections- handle adverse witnesses- draft posthearing briefs- and moreYou get step-by-step analysis and advice on formal arbitration procedures, plus guidance on how to adapt your presentation to the arbitrator's individual style.On-point examples throughout the text -- plus sample statements and arguments, forms, checklists, a reading list, and more -- will save you valuable time and streamline your preparation.
Author | : Tim Bornstein |
Publisher | : |
Total Pages | : |
Release | : 1997-03-06 |
Genre | : Arbitration, Industrial |
ISBN | : 9780820514437 |
The new Second Edition of Labor & Employment Arbitration is an indispensable guide to all aspects of labor & employment arbitration. Substantially revised to give greater in-depth coverage & with contributions from experts in the field, this authoritative treatise provides: Also available on Authority Employment Law Library CD-ROM.
Author | : Jay E. Grenig |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 198 |
Release | : 2011-07-01 |
Genre | : Arbitration, Industrial |
ISBN | : 1933833823 |
Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.
Author | : Ilias Bantekas |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2015-08-10 |
Genre | : Law |
ISBN | : 1316352641 |
This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
Author | : Leonardo de Oliveira |
Publisher | : Kluwer Law International |
Total Pages | : 368 |
Release | : 2020-11-17 |
Genre | : |
ISBN | : 9789403506913 |
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author | : Richard A. Bales |
Publisher | : Cornell University Press |
Total Pages | : 255 |
Release | : 2019-06-07 |
Genre | : Law |
ISBN | : 1501733303 |
This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.
Author | : Ugo Draetta |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 126 |
Release | : 2011-05-01 |
Genre | : Law |
ISBN | : 1933833807 |
Behind the Scenes in International Arbitration reveals what really happens behind the scenes of the large stage of international arbitration -- a world of its own. Though arbitration has become a big business, its proceedings are not open to the public at large, because of their confidential -- and sometimes opaque -- nature. Thus, Ugo Draetta offers his perspective as an insider, outlining some behaviors of the various players on the arbitration stage, which are sometimes irrational, emotional, bizarre or counterproductive. Drawn from the personal experiences of the author's 30 years in the field, the book is essentially based on a number of real life anecdotes (obviously on a no name basis), some of which will have you laughing out loud. The players identified in the book are (a) the Parties, (b) the outside counsel, (c) the in-house counsel, (d) the arbitrators, and (e) the arbitral institutions. A separate chapter is devoted to each one of these players, ending with a “memo” summarizing the behaviors to be avoided. Behind the Scenes in International Arbitration is not a legal book, nor a book dealing with “ethics” of the arbitration... As examples, the author considers the "King Solomon" syndrome of many arbitrators, the prima donna attitudes, the loneliness of the sole arbitrator, and compares the number of arbitration cases with the number of shark attacks resultant of available statistics. This book aims to increase the efficiency, seriousness and dignity of arbitration proceedings, to the advantage of those who are presently players or aspire to become players in the arbitration stage.
Author | : Frank Elkouri |
Publisher | : Bureau of National Affairs (BNA) |
Total Pages | : |
Release | : 2012 |
Genre | : Arbitration, Industrial |
ISBN | : 9781617460944 |
Long considered by labor law and dispute resolution professionals to be the standard text on labor arbitration, Elkouri & Elkouri: How Arbitration Works is the most comprehensive and authoritative treatise available on this subject. The reference of first resort, it has been utilized and cited by advocates, arbitrators, and judges more than any other arbitration book published. The new Seventh Edition provides additional analysis that enhances the usefulness of the volume and incorporates major points of interest to labor relations practitioners. In-depth coverage of critical topics includes: Arbitrators' consideration of external law in labor arbitration Legislation and litigation developing standards for evidentiary privilege as it relates to union shop stewards Arbitrators' views on threats and violence Reconsideration of the continued viability of the plain meaning rule New case law on the unauthorized practice of law as it relates to labor arbitration Revision of the discussion of state and local government arbitration and interest arbitration in light of recent changes in state law Elkouri & Elkouri: How Arbitration Works offers reference materials that enhance the usefulness of the volume. A table of all arbitration awards discussed in text or cited in footnotes has been included, along with a table of arbitrators that can be used to research references to a particular arbitrator cited in the book. A table of statutory authorities also has been provided. Topics in the chapters are identified by Bloomberg BNA's Labor Arbitration Reports (LA) classification numbers, making it easier to do additional research in that reference service. The table of cases includes not only court cases but administrative cases as well. There also is a comprehensive index. The treatise provides citations to hundreds of recent arbitration awards as well as references to important judicial decisions, academic and professional commentary, administrative a