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William Kaplan (born 24 May 1957) is a Canadian lawyer, arbitrator, emeritus professor of law and author. [1] [2] Kaplan has authored several important arbitral decisions in labour law, and has served as interest arbitrator in prominent negotiations between the government and the unions representing RCMP members, Air Canada and WestJet pilots and flight attendants, and others. [3]
The duties of a union steward vary according to each trades union's constitutional mandate for the position. In general, most union stewards perform the following functions: Monitor and enforce the provisions of the collective bargaining agreement (labour contract) to ensure both the firm and union worker are not violating the terms of the ...
On May 17, 2024 the Madrid Court of Appeal upheld the contempt of court conviction and sentence against Stampa, upholding his six-month prison sentence, and a one-year ban from practicing as an arbitrator. [79] The Madrid Court highlighted that the arbitrator's appointment was a judicial decision made before the arbitration process.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
There are only two grounds upon which a party can challenge the appointment of an arbitrator – reasonable doubt in the impartiality of the arbitrator and the lack of proper qualification of the arbitrator as required by the arbitration agreement. A sole arbitrator or a panel of arbitrators so appointed constitute the Arbitration Tribunal.
As the title reflects, there is a difference of opinion as to whether there is a "common law of the shop." Upon careful reading, these analyses are tied to the record made before the arbitrator, and the unique elements of the contracts which the arbitrator is trying to apply and interpret. Black letter principles are followed by analytical ...
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By contrast, in conventional arbitration, parties are more likely to call on the arbitrator to decide disputed issues, giving the arbitrator the power to craft a "reasonable" award. In addition to promoting settlement, use of FOA leads parties to adopt reasonable positions during the arbitration, because an unreasonable position will almost ...