Ethical issues confronting labor arbitrators; is a recent court definition of fraud too broad?

Article Abstract:

The United States Court of Appeals for the 2d Circuit suggested in its ruling in Pacific & Arctic Railway v. United Transportation Union that arbitrators should not have ex parte contacts with union officials and that an arbitrator ruling where such contact had existed was incorrect. The court vacated the award due to the ex parte contact and the arbitrator's acceptance of a gratuity from a union official, ruling the matter an instance of fraud. The court's broad definition of fraud is difficult to defend.

Ethical aspects, Labor arbitration

---

The NAA: looking for a few good arbitrators

Article Abstract:

Acceptance as a member by the National Academy of Arbitrators represents true professionalism and success for an arbitrator. It requires acceptance by the parties for whom the candidate has arbitrated, with a minimum caseload of 50 cases in the prior five years. An increasing caseload and a diverse and widening base of clients are important. The membership committee then investigates references and seeks comments from its 700 members, with the decision requiring approval at several levels.

Membership, Associations, National Academy of Arbitrators

---

The dilemma of witness sequestration: arbitrators possess little power to enforce an order

Article Abstract:

An arbitrator has little power to punish witnesses who violate a sequestration order. Arbitrators do not have the court's power to find witnesses in contempt. If arbitrators refuse to allow witnesses to testify, the arbitration judgment may later be negated. The only punishing effect may be that witnesses damage their credibility by refusing sequestration. Sequestration orders are issued to ensure that witnesses offer independent testimony.

Laws, regulations and rules, Witnesses

Similar abstracts:

• Abstracts: Ethical decision making and community investment. The wide world of corporate philanthropy
• Abstracts: Intellectual property disputes: arbitrating the creative. Mediating communications and high-tech disputes
• Abstracts: Constructing a new paradigm of labor arbitration. National Labor Relations Board: deferral to arbitration. Starting from scratch: ADR helps resolve labor conflicts in the new Hungary

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