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In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal … administrative agencies would halt in its tracks. But something more interesting happened. Instead of stopping agency arbitration … has rolled back some Obama-era rules, but other efforts to undo agency arbitration regulations have faltered at the …
Persistent link: https://www.econbiz.de/10012932400
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067
employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are … unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration … adequate consideration and that arbitration agreements containing unilateral-modification clauses are enforceable. This article …
Persistent link: https://www.econbiz.de/10014054211
the standard of judicial review that any such labor arbitration decision would normally be subjected to. Under the FAA in … the context of commercial arbitration, this issue has generated a significant amount of scholarly debate by academic … Circuit opinion written by Judge Posner, the alteration of the standard of judicial review of labor arbitration awards in the …
Persistent link: https://www.econbiz.de/10014055586
For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky and Kahneman (1974)) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and...
Persistent link: https://www.econbiz.de/10008536047
This paper presents a model of litigation in the context of a labor contract. The main objective of our analysis is to …
Persistent link: https://www.econbiz.de/10005385243
Though few realize it, forced arbitration clauses are endemic in today's marketplace — hidden in credit card agreements …, bank accounts, corporate social media pages, even Starbucks gift cards. More than half a billion arbitration provisions … infiltrate our everyday lives. Despite their prevalence, few consumers are aware of the forced arbitration clauses they are bound …
Persistent link: https://www.econbiz.de/10012980011
, experience and opinions concerning the arbitration of these disputes under the local government Labour Dispute Arbitration Bureau …, Chinese workers and employers reported high levels of satisfaction with the arbitration process on a range of procedural due … process and substantive due process measures. Results indicate overall party satisfaction with the arbitration, a belief that …
Persistent link: https://www.econbiz.de/10014044761
significantly performed in the United States. The contract also contained an arbitration clause, requiring that any disputes be … resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds arose … court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing use …
Persistent link: https://www.econbiz.de/10011205513
Legal institutions play an important role in affecting delay in settlement. But little research has investigated the institutional causes of delay. The empirical literature is ambiguous regarding the impact of trial-court delay on settlement delay. I analyze the timing of bargaining and the...
Persistent link: https://www.econbiz.de/10008823157