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- Title
court news in brief.
- Abstract
This article presents news briefs on arbitration cases in the U.S. as of August 2003. In Poland Spring Corp. v. United Food & Commercial Workers International Union, the arbitrator exceeded the scope of his authority under the collective bargaining agreement by reinstating an employee because the arbitrator found that the employee had been insubordinate. In Discover Bank v. Superior Court of Los Angeles, section 2 of the Federal Arbitration Act preempts a state court from applying state substantive law of unconscionability to strike the class action waiver from the agreement. An arbitrator who also served as the mediator in a failed mediation had no jurisdiction to issue an award absent an explicit confidentiality agreement. The arbitration clause in the User Agreement on an Internet auction Web site was applicable only to controversies between e-Bay and the user and not to controversies between users. Manifest disregard of the law is not recognized as a ground for judicial review of an arbitration award in the Virginia Uniform Arbitration Act.
- Subjects
UNITED States; ARBITRATION &; award; UNITED Food &; Commercial Workers International Union; NESTLE Waters North America Inc.; ACTIONS &; defenses (Law); CONFLICT management; DISPUTE resolution; COMMERCIAL arbitration agreements; INDUSTRIAL relations
- Publication
Dispute Resolution Journal, 2003, Vol 58, Issue 3, p8
- ISSN
1074-8105
- Publication type
Article