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Topic: Compulsory arbitration

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	CATHOLIC ENCYCLOPEDIA: Arbitration
		Arbitration in a general sense, is a method of arranging differences between two parties by referring them to the judgment of a disinterested outsider whose decision the parties to a dispute agree in advance to accept as in some way binding.
		Arbitration is voluntary when it is freely invited, or accepted by the parties to the controversy, without reference to law, when only good faith is involved in the acceptance of the decision.
		Compulsory investigation and decision with publication of facts and of decision is frequently favoured where great interests are involved, as in interstate commerce, and not a few are found who favour enforcement of decision where both parties invoke arbitration.
	www.newadvent.org /cathen/01682b.htm (3771 words)

	Encyclopedia of Everyday Law \| Arbitration
		Arbitration is very similar to a trial in court, except that the claims and defenses are presented to a privately-retained neutral party ("arbitrator" or "arbiter") rather than a judge or jury.
		But arbitration is not "compulsory." It simply means that persons have voluntarily agreed in advance to arbitrate any future disputes and cannot back out of that agreement once a dispute arises.
		Arbitration in the federal courts may be the result of a private contractual agreement to arbitrate, a STATUTORY mandate, or a court-ordered arbitration.
	law.enotes.com /everyday-law-encyclopedia/arbitration/print (4396 words)

	Labour Legislation Guidelines
		Arbitration is compulsory when the dispute may be submitted for arbitration without the agreement or consent of all the parties involved in it (whether at the initiative of one of the parties, the government or an independent agency), for the settlement of the dispute by a legally binding award.
		Compulsory arbitration of interests disputes is rare in the private sector in industrialized countries, although not uncommon in the public service.
		For example, the head and senior members of compulsory arbitration bodies are commonly accorded a status similar to that of judges, and may need the same experience and qualifications as judges to be eligible for appointment.Requirements of this nature help to invest the officers and their institution with a certain moral authority.
	www.ilo.org /public/english/dialogue/ifpdial/llg/noframes/ch4.htm (6174 words)

	Opinion #5154
		Firefighters employed by Wayne County Road Commission are subject to the provisions of the statute authorizing compulsory arbitration of labor disputes in municipal police and fire departments.
		1969 PA 312, supra, was enacted to provide for compulsory arbitration of labor disputes in municipal police and fire departments, to define such public departments, to provide for the selection of members of arbitration panels, to prescribe the procedures and authority of such panels, and to provide for the enforcement and review of awards.
		Compulsory arbitration, as the act intended, may serve as a compromise for the loss of the right to strike and as an alternate, expeditious, and binding procedure for the resolution of disputes involving the essential services which a fire department provides to the public.
	www.ag.state.mi.us /opinion/datafiles/1970s/op05154.htm (745 words)

	Article: Compulsory Arbitration of Employment Discrimination Claims
		Gilmer next argued that a further alleged deficiency of arbitration is that arbitrators often will not issue written opinions, resulting, he contended, in a lack of public knowledge of employers' discriminatory policies, an inability to obtain effective appellate review, and a stifling of the development of the law.
		It noted that the NYSE rules required that all arbitration awards be in writing, that the awards contain the names of the parties, a summary of the issues in controversy, and a description of the award issued, and that the award decisions are made available to the public.
		Next, O'Neil argued that her arbitration agreement was not an enforceable contract because it was not binding on the hospital and therefore lacked the essential element of "consideration" which is required for all contracts.
	www.virginialaborlaw.com /library/adr/article-arbit_discrim.htm (9078 words)

	EMIRE: PORTUGAL - COMPULSORY ARBITRATION
		Compulsory arbitration may be invoked by the Ministry of Employment and Social Security whenever it has proved impossible to resolve a dispute through voluntary conciliation, mediation or arbitration.
		The law provides a special procedure for the appointment of arbitrators, who may be nominated by the Economic and Social Council whenever the two sides fail to nominate their respective arbitrators or have been unable to reach agreement on the appointment of a third arbitrator.
		It should be added that during the last few years of the corporatist regime there was a system of compulsory arbitration in Portugal which was clearly a logical consequence of the ban on strikes.
	www.eurofound.eu.int /emire/PORTUGAL/COMPULSORYARBITRATION-PT.html (232 words)

	Miller v. Purvis (7/26/96), 921 P 2d 610
		The arbitration panel concluded that "a reasonable fee payment would have been $8,500 and that [Miller] should be required to repay [Purvis] the amount of $8,500." Miller filed a petition in the superior court to vacate the panel's award.
		The court has upheld compulsory binding arbitration schemes against due process challenge where the legislative choice is not unreasonable or arbitrary and the procedure adopted satisfies constitutional requirements of notice and an opportunity to be heard.
		Occasional uncorrected errors in arbitrators' decisions are tolerable because the parties have agreed to accept reduced possibilities of appellate review in order to have their dispute resolved quickly and with certainty.
	touchngo.com /sp/html/sp-4372.htm (4523 words)

	Legal Articles: Compulsory Arbitration - LarrimoreFarnish.com (Site not responding. Last check: 2007-10-23)
		Compulsory Arbitration, called court-annexed arbitration in some states, is a form of alternative dispute resolution which is used by courts across the country to help resolve civil litigation in each jurisdiction.
		For several decades, the Philadelphia Compulsory Arbitration program has been widely recognized as one of the best in the country and delegations from many states and even a few foreign countries have visited our arbitration center, inspected our system and emulated it in their own jurisdictions.
		The Compulsory Arbitration program has been an important part of the civil justice system in Philadelphia for decades; successful because of the cooperation and integrity of the many attorneys who serve as arbitrators and because most litigators recognize the benefits that this program can have for their clients.
	www.larrimorefarnish.com /articles/arbitration.php (792 words)

	Arbitration and Employment Dispute: Drafting to Maximize Employer Protection, Carmine Iannaccone, and Ronald ...
		But arbitration has disadvantages for employers, the most important of which is the finality of the arbitrator's judgment combined with limitations on a party's ability to obtain meaningful appellate review.
		In other examples, an agreement to arbitrate "any controversy or claim arising out of or relating to this agreement or the breach thereof" was held to be broad enough to encompass a claim that both the execution and acceleration of the consulting agreement itself were procured by fraud.
		As already noted, the purpose of the FAA is to encourage arbitration; accordingly, it preempts state laws that render arbitration agreements unenforceable, but not arbitration agreements in which the parties have chosen to abide by state rules of arbitration.
	www.ebglaw.com /article_375.html (8695 words)

	EMIRE: GREECE - COMPULSORY ARBITRATION
		Recourse to arbitration could be initiated by either of the two sides, and in certain exceptional circumstances the Minister for Labour could personally refer a dispute to compulsory arbitration.
		Although recourse to compulsory arbitration was usually initiated by the employers' side in the case of major disputes at national level, at lower levels it was sometimes initiated by the unions, whose members are generally in a weaker position financially.
		As currently regulated (Law 1876), recourse to arbitration which is initiated unilaterally is the equivalent of compulsory arbitration, but only occurs subject to certain exceptional conditions (see arbitration).
	www.eurofound.eu.int /emire/GREECE/COMPULSORYARBITRATION-GR.html (271 words)

	AGO_1957-58_No_198 (Site not responding. Last check: 2007-10-23)
		The legislature has the power to prohibit or restrict the right of employees of private hospitals to strike if a substitute such as compulsory arbitration or mediation is provided to meet the requirement of due process.
		The legislature has the power to compel hospitals and hospital employees to submit their labor disputes to arbitration, the award of the arbitrators being binding on both parties, provided that sufficient standards are provided to govern the arbitrators in determining such disputes.
		Compulsory arbitration statutes are frequently attacked on the grounds that the legislation empowering arbitrators or boards of arbitration to make decisions binding on employer and employee involves an unconstitutional delegation of legislative power to an administrative tribunal.
	www.atg.wa.gov /opinions/1957-58/opinion_1957-58_198.html (1664 words)

	page2
		However, as there are no Supreme Court cases dealing with compulsory arbitration agreements between individual employees and their employers outside of the collective bargaining or securities industry context, these cases are what the lower courts are relying on and extrapolating from.
		The article notes that the enforceability of pre-dispute arbitration agreements when dealing with statutory discrimination claims is under siege in the courts, administrative agencies and even in the legislatures, and examines the arguments underlying the latest challenges to pre-dispute arbitration agreements.
		Arbitration Act's (FAA) exclusionary clause did not apply to all contracts of employment that affected commerce; (2) parties' arbitration agreement was valid; (3) former employer could not require employee to pay all or part of arbitrator's fees; and (4) arbitrator's rulings on employee's statutory claims would be subject to meaningful judicial review.
	www.law.arizona.edu /library/Pathfinders/dquinterri/page2.htm (3305 words)

	The Impact of Compulsory Arbitration on Bargaining Behavior: An Experimental Study (Site not responding. Last check: 2007-10-23)
		In the no arbitration treatment, dispute rates with a zero payoff for the bargaining parties were under 10%, while the pie was equally splitted in less than 40% of the cases.
		In the final offer arbitration there is only a small increase of dispute rates (compared to the no arbitration treatment) while agreements according to an equal division of the pie have doubled to almost 80%.
		For the conventional arbitration this means that there are two contradicting effects, one in favor of the weak (more equal splits when negotiations ended in agreement), and one in favor of the strong bargainer (unequal splits by the arbitrator).
	www.nyu.edu /econ/dept/esa/kritikos.htm (483 words)

	Courts Wrestle With Compulsory Arbitration Of Employment Claims In Wake Of U.S. Supreme Court Decision In Circuit City ...
		The Court exercised its discretion and declined to enforce the arbitration agreement at all, rather than severing the illegal provisions, finding that the central purpose of the contract was fatally tainted with illegality and therefore unenforceable.
		Multi-state employers must be careful to tailor their arbitration agreements to each state’s law governing contracts, state discrimination laws, and, in some states, special rules relating to employment arbitration agreements.
		In light of the high stakes involved, employers should approach creation of arbitration agreements with the assumption that they will be challenged in court in the future, and are therefore well advised to seek the advice of local counsel well versed in the local law governing arbitration agreements.
	www.capehart.com /CM/Articles/ar-0302-ccityvadams.asp (1296 words)

	COMPULSORY ARBITRATION
		These rules apply to actions which are submitted to compulsory arbitration pursuant to local rule under section 7361 of the Judicial Code, 42 Pa. C.S. (a) A list of available arbitrators shall be prepared in the manner prescribed by local rule.
		The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
		The arbitrators shall disregard any portion of a document so received that would be inadmissible if the person whose testimony is waived by this rule were testifying in person.
	members.aol.com /RulesPA/C.1301.html (2042 words)

	Project DIANA : Duffield v. Robertson Stephens & Co: Decision of the 9th Circuit Court of Appeals
		In short, we refer to an arbitration agreement as "compulsory" when individuals must sign an agreement waiving their rights to litigate future claims in a judicial forum in order to obtain employment with, or continue to work for, the employer.
		Because of the legal community's recently increased faith in arbitration, those plaintiffs are now "encouraged" to resolve their employment disputes in that manner, and if they choose to do so, they are bound by the arbitrator's decision.
		Whether or not permitting compulsory arbitration of Title VII claims is "more desirable than" the ban that Congress has imposed on such practice, "the proper venue for resolving that issue remains on the floor of Congress." Lexecon, Inc. v.
	www.yale.edu /lawweb/avalon/diana/duffield/3698-2.html (9170 words)

	Compulsory Employment Arbitration Agreements Now Permitted in Ninth Circuit
		Luce, an applicant for a legal secretary position refused to sign an agreement to arbitrate all claims arising from his employment, claiming that such an agreement prevented him from exercising his right to a jury trial and was therefore unfair.
		The employer told him that the arbitration agreement was nonnegotiable and, when he still refused to sign it, withdrew its offer of employment.
		The Ninth Circuit, in an 8-to-3 decision, held that Title VII does not prohibit compulsory arbitration agreements requiring employees to arbitrate their Title VII discrimination claims.
	www.millernash.com /showarticle.aspx?Show=281 (327 words)

	Article - Empirical Data on Employer Gains From Compulsory Arbitration of Employment Disputes
		Prior to 1991, the ability of employers to use arbitration agreements as a means of preventing their non-union employees from suing them in court over employment disputes was not clear.
		While many employee rights advocates continue to criticize Gilmer and the mandatory arbitration of employment disputes[9] a number of scholars have responded to Gilmers’ critics and defended the use of binding arbitration in the employment context.
		As many employer and employee advocates have assumed, the use of binding arbitration systems for the settlement of legal disputes with employees benefits employers — in other words, there are empirical gains to employers who institute binding arbitration for their employees.
	www.lawmemo.com /arb/res/empirical.htm (6727 words)

	arbitration decision - Your Connection to arbitration decision Online
		The modified forms of compulsory arbitration — enforcement of decision when both parties agree to submit...
		Decision was delivered at a session attended by all of the members of the Boundary Commission at the premises of the Permanent Court of Arbitration...
		USATF thanks the Court of Arbitration for Sport for its hard work and careful consideration of this complex issue...
	lawyerfinderonline.com /directory/arbitration/arbitration-decision (404 words)

	Law Firm’s Use of Compulsory Arbitration for Employees Upheld
		An employer is not required to hire a potential employee who refuses to sign an agreement to arbitrate federal statutory claims arising from the employment relationship, the Ninth U.S. Circuit Court of Appeals ruled yesterday.
		The panel reasoned that since arbitration is merely “encouraged” by the express language of the statute, and because laws granting civil rights remedies must be broadly construed, Congress did not intend to permit employers to compel employees to give up their right to jury trial in district court.
		Even if federal statutory claims are generally subject to compulsory arbitration, he argued, the 1991 language relied on by Duffield reflects congressional intent that a waiver of the right to a judicial forum for Title VII claims not be made a mandatory condition of employment.
	www.metnews.com /articles/eeoc090402.htm (898 words)

	Cases by Circuit
		For the compulsory arbitration topic, it is very important to know the caselaw.
		compulsory arbitration pursuant to arbitration clause in collective bargaining agreement.
		compulsory arbitration; (2) employee's claims were not subject to compulsory arbitration under
	www.law.arizona.edu /library/Pathfinders/dquinterri/page4.html (2604 words)

	Pennsylvania Superior Court Cases - Superior Court Case Law from PA - Pennsylvania Superior Court - unoffical reports - ...
		was sent to the room in which the arbitration panel was seated.
		arbitration award is to file appeal for trial de novo).
		arbitration award, and remanded the matter for a trial de novo.
	www.romingerlegal.com /pacaselaw/superior/a34003_01.html (1733 words)

	HighBeam Encyclopedia - MacDonald, Ramsay (Site not responding. Last check: 2007-10-23)
		Although unemployment benefits were extended, his minority government did not enact strong socialist measures.
		In foreign affairs, however, MacDonald helped secure acceptance of the Dawes Plan and sponsored the Geneva Protocol (later rejected by the Conservative government), which provided for compulsory arbitration of international disputes.
		A trade agreement with the Soviet Union and the government's withdrawal of charges against a Communist newspaper editor led to a vote of censure that forced MacDonald to call an election in Oct., 1924.
	www.encyclopedia.com /html/M/MacDonJR.asp (461 words)

	Five-month dispute ended by compulsory arbitration
		A five-month industrial conflict involving Norwegian elevator constructors was halted in late January 2005, following a government decision to recommend the use of compulsory arbitration.
		The government’s decision was grounded in the safety risks involved in elevators not being subject to maintenance during the conflict.
		The government’s compulsory arbitration recommendation was made following a broad consideration of the consequences of the conflict.
	www.eiro.eurofound.eu.int /2005/02/inbrief/no0502102n.html (556 words)

	minimum wage
		The minimum has been set by labor unions through collective bargaining, by arbitration, by board action, and, finally, by legislation.
		Introduced (1894) in New Zealand through compulsory arbitration, it has become part of the social legislation of almost all countries.
		Although federal minimum-wage laws were at first held unconstitutional in the United States, a strong fight by organized labor for enactment culminated in the passage (1938) of the
	www.factmonster.com /id/A0833308 (389 words)

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