The evolution of contractually mandated arbitration

Article Abstract:

New York was the first state to write binding arbitration into law with the New York Arbitration Act of 1920. That state had long been a focal point of arbitration activity. The federal law on the subject came with the Arbitration Act of 1925. Further arbitration developments arising from the depression during the 1930s included the National Labor Relations Act which authorized the NLRB and the Federal Mediation and Conciliation Service. The Steelworkers Trilogy in 1960 confirmed that public policy favored arbitration. The American Arbitration Assn can help arbitration develop further.

History, Commercial arbitration, Labor arbitration

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Arbitrating claims of employment discrimination: what really does happen? what really should happen?

Article Abstract:

The increase in employment disputes claims since the Civil Rights Act of 1964 demands that resolution should be efficient but not at the cost of justice. Arbitration procedures should be insure the civil rights of all parties. Remedies offered in court should be available in arbitration. The discovery process should be adequate. Arbitration selection process should include both parties. Written opinions should be issued.

Negotiation, mediation and arbitration, Employment discrimination

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Intellectual property: arbitrating disputes in the United States

Article Abstract:

35 USC 294 expressly allows arbitration for patent validity and enforcement issues. Proceedings that would be brought before an agency, such as the US International Trade Commission, may still be subject to the agency. Other intellectual property claims, including those for trademark and copyright, are also open to arbitration under section 294.

Cases, Cover Story, Intellectual property, Mediation

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