Voluntary Arbitration as a Method of Industrial Dispute Resolution - a Critical Analysis

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

In 2010, Ellen Pao (a woman, who according to Slate magazine is educated in business, law and engineering) filed a discrimination suit against her employer, Kleiner Perkins. In 2015, after a trial that lasted nearly one month, the jury found in favor of Kleiner Perkins. Although this wasn’t the outcome that people had hoped for, many believed that the case represented an important moment for professional women: Despite Pao’s loss, the public’s awareness of the discrimination women face in male dominated environments had increased as a result of her public pursuit.

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

Step 4: In this step, a third party neutral may furnish either a final, binding arbitration decision or help the parties to resolve the issue themselves through mediation. (Holley et al., 2008, pp.429-433)

b. What did the Court decide with respect to the Applicants’ arguments on partners having to account to the firm and MDLA 415? In your answer, explain how the Court applied the relevant law cited the relevant facts and law cited in the judgment (include, for example, what rules applied).

in which this decision is made. In some jurisdictions, the cases may be decided upon

The dispute resolution method that is most likely to be used by a regulatory agency to negotiate the provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated is: regulatory negotiation

Faced with this evidence, the trial court denied Westlake’s Motion to Compel Arbitration. The court noted that while Westlake’s Spanish version of the contract contained an arbitration provision; Ramos’

Since November 2015, after Justice Marks vacated the RSDCs previous decision, the Nationals have attempted to compel MASN to return to arbitration before the RSDC. The Nationals claimed that a footnote in the Justice’ decision meant that MASN needed to submit to arbitration if the Nationals just changed their lawyers. On the other hand, MASN felt that the sides should agree to submit this case before a different arbitral body and thereby avoid the appeals process. Failing this, MASN wanted its appeal to be heard before a second arbitration case would be heard before the RSDC.

Finally, based on common law, the principle of comity and equity may oblige the courts to recognize foreign arbitral award, regardless where the arbitration was seated. The US Courts

The use of arbitration agreements by California employers has seen much debate in recent years and is presently undergoing significant change. Employers utilizing arbitration agreements with their employees should be aware of a new ruling that holds employees cannot waive their right to collectively arbitrate claims under California’s Private Attorney General Act (“PAGA”) and any arbitration agreement that requires an employee to arbitrate individually is invalid. The ruling came on September 23, 2015 in a 2-1 decision by the 9th Circuit Court of Appeal.

One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.

From this brief history of ADR provisions, it is easy to see the widespread acceptance of ADR in more recent times compared to the hostility that courts expressed toward it early on. The trend of acceptance spread, and in May of 1986, forty-five states had enacted statutes similar to the second Uniform Arbitration Act, enforcing agreements to arbitrate future disputes.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.

Firstly, the choice of law applicable to the substance of the dispute which the parties have made can be either express or implied and if such choice took place the arbitrators have to apply it. Without any indications concerning choice of applicable law, an arbitral tribunal has to determine such law through the searching of proper