Circuit courts are split on whether discrimination claims can be compelled to arbitration when collective bargaining agreements include arbitration clauses

Article Abstract:

Circuit courts disagree on whether discrimination claims should be mandatory subjects of arbitration, with the 3d and 4th US Circuit Courts of Appeals relying on Gilmer v. Interstate/Johnson Lane Corp. to enforce collective bargaining agreements' arbitration clauses. Other circuit courts have followed Alexander v. Gardner-Denver and refused to require arbitration or dismiss discrimination claims.The 4th Circuit decision in Austin v. Owens-Brockway Glass Container is an example of the former. The decisive factor is often how the court resolves the tension between individual and group rights.

Insurance carriers, not elsewhere classified, Insurance NEC, Other Direct Insurance (except Life, Health, and Medical) Carriers, Interpretation and construction, Usage, Insurance, Employment discrimination, Labor arbitration, Collective labor agreements

---

Arbitration offers alternative to litigation abroad: arbitration clauses, standard in many international agreements, provide a diversity of options

Article Abstract:

Companies operating internationally increasingly put arbitration clauses in their overseas contracts, but they often pay too little attention to the details of arbitration agreements. Important issues include whether to use ad hoc or institutional arbitration, number of arbitrators, what rules to follow, and where arbitration will be held. Western Europe is popular among US companies, especially London, where the relevant laws are under revision.

International business enterprises, Multinational corporations, international

---

Obscure NAFTA clause empowers private parties; investor-protection clause lets companies haul signatories into arbitration for violation of pact

Article Abstract:

The investor-protection clause of NAFTA Chapter 11 gives any US, Canadian or Mexican company trading in any of the other two countries the right to sue the sovereign nation in which it is trading. These suits bypass both the domestic courts of each country and the binational and trinational dispute settlement process provided for under NAFTA. Already pending are three suits that test the limits of investor-state dispute resolution.

Management, Canada, Mexico, International trade

Similar abstracts:

• Abstracts: All-in-one dispute resolution: one case, four procedures. Job discrimination claims under collective bargaining
• Abstracts: DOL considers whether existence of TPA combined claims account limits application of reporting exemption for small employer plans
• Abstracts: Positive discipline and labor arbitration. Immunity vs. liability in arbitral adjudication. AIDS in the workplace: judicial and arbitral responses
• Abstracts: International arbitration under U.S. law and AAA rules. Bilateral investment treaties and arbitration
• Abstracts: Intellectual property disputes: arbitrating the creative. Mediating communications and high-tech disputes

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.