Arbitration or litigation: ADR issues in transnational disputes
Foreign parties doing business with US firms should decide whether future disputes will be settled by arbitration or litigation. The decision should be noted in the business contract and should be based on a thorough understanding of the differences between arbitration and litigation. Arbitration is generally thought to be preferable for foreigners because of the complexity of the US legal system, but arbitration may not be preferable in all cases. Foreigners should understand the US discovery process, jurisdiction issues and the improved efficiency of federal courts.
Publication Name: Dispute Resolution Journal
The arbitration of drug use and testing in the workplace
Drug testing is considered by arbitrators and the NLRB to be a mandatory subject of bargaining between employee representatives and employers. The substantive issues raised by drug testing, such as right to privacy and off-duty behaviour, are less easily agreed on. Some claim that drug tests are unreliable and that off-duty use of drugs has no effect on many jobs. Others would say the opposite. These issues are discussed in relation to alternative dispute resolutions and case law.
Publication Name: Arbitration Journal