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Relevant bibliographies by topics / Industrial Arbitration

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Academic literature on the topic 'Industrial Arbitration'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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Journal articles on the topic "Industrial Arbitration"

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Gough, Mark D., and Alexander J. S. Colvin. "Decision-Maker and Context Effects in Employment Arbitration." ILR Review 73, no. 2 (November 4, 2019): 479–97. http://dx.doi.org/10.1177/0019793919886578.

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Using a novel survey of 274 employment arbitrators, this study investigates how decision-maker characteristics and the context of the arbitration proceeding affect employee outcomes. The authors analyze the predictors of settlement before an arbitrator award and, if no settlement is reached, the likelihood that an employee will receive a favorable verdict after a full hearing. Findings show that pre-arbitration dispute resolution procedures, such as mediation, have significant effects on settlement behavior and employee outcomes. The characteristics of the presiding arbitrator as well as the structure of the arbitration proceeding also influence employee outcomes at trial. This study contributes to the existing literature by describing the characteristics of employment arbitrators—an underexplored actor in industrial relations. In addition, it analyzes case outcomes, including settlements, across multiple arbitration forums and with more rigorous controls than those applied in existing data sets.

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Anwar, Jumadi, and Imam Budi Santoso. "PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DILUAR PENGADILAN MELALUI ARBITRASE." SUPREMASI HUKUM 19, no. 02 (July 31, 2023): 1–10. http://dx.doi.org/10.33592/jsh.v19i02.3282.

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Arbitration provides a procedure or process for resolving disputes peacefully and out of court. Arbitration opportunities for the sustainability of industrial relations in Indonesia are minimal things that will be implemented by all disputing parties because the community prioritizes settlement in terms of winning or losing through court settlements. It is very important that there are ways to support this arbitration as an option for resolving industrial disputes so that it is of interest to the public. The research method used in this study is a normative juridical research method with a descriptive approach, with the aim of providing direction and finding logical realistics by looking at library materials or other information using primary and secondary data. The results obtained from the conclusion of this discussion are the knowledge of the mechanism of arbitration in the settlement of disputes in the field of industrial relations and the advantages and disadvantages of arbitration in resolving problems in the field of industrial relations. Keywords: Arbitration, Industry, Disputes.

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PACHAHARA, Shantanu, and Vikas GANDHI. "THIRD-PARTY FOUNDING IN INTERNATIONAL COMMERCIAL ARBITRATION: IT IS ABOUT TIME FOR REGULATIONS." Conflict Studies Quarterly, no. 41 (October 5, 2022): 60–77. http://dx.doi.org/10.24193/csq.41.4.

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Third-party funding (TPF) is a species of the common law doctrine of maintenance and champerty. With the burgeoning of global trade, the need for funding arbitral proceeding of high magnitude have witnessed an upward trend. TPF is a method wherein the impecunious party to the dispute enters into a contract with a third-party, who is not a party to the arbitration agreement, to finance the arbitration proceeding and run the risk of either paying or receiving the proceeds, costs, or award awarded against or in favor of such party. TPF, on one hand, provides a gateway to justice to the impecunious party and on the other hand, causes an impediment to the recognition and enforcement mechanism of arbitral awards. TPF flourishes as an alternative to support arbitral proceedings by acting as an investment for the financers but what impact it has on the market, in the long run, is still unclear. TPF assists the struggling party to appoint highly qualified specialists and a learned arbitrator through financial assistance but restricts the party autonomy and raises justifiable doubts as to the independence and impartiality of the arbitrator due to the leverage the financer holds in such an arrangement. Last but not least, TPF may also, at times, result in the disclosure of attorney-client communication to the financer. The present article is an analytical study of TPF as a mechanism in international commercial arbitration and what challenges it poses to its practice. Moreover, the article places reliance on the work of various scholars, and adopting the inductive approach of reasoning, reflects upon the plausible remedies for challenges that TPF poses to international commercial arbitration. Keywords: Third-Party Funding; Commercial Arbitration; International; Challenges; Regulation.

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Hwang, Kyung-Jin, and Kan Wang. "Labour dispute arbitration in China: perspectives of the arbitrators." Employee Relations 37, no. 5 (August 3, 2015): 582–603. http://dx.doi.org/10.1108/er-12-2014-0148.

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Purpose – The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China. Design/methodology/approach – This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-structured interviews were conducted with 24 key stakeholders involved in the arbitration process. Findings – Instead of establishing an impartial platform, the arbitration system endeavours to promote the state’s capacity to rule over labour relations. Its recent reform excluded arbitrational independence owing to concerns about reducing the Chinese Communist Party’s arbitrary power. Arbitrational justice was perceived to improve through case resolution efficiency, which made arbitrators minimise arbitration time, partly because of high caseloads but largely because of their key performance indicators. Quality of arbitration was compromised. The arbitrators understood the spaces and boundaries of the reform, and focused on increasing professionalism to enable them to more fluidly manoeuvre between the different political economic interests, above safeguarding labour rights. Research limitations/implications – The questionnaire size was too small for regression analysis. Future research should expand the sample sizes and conduct cross-regional studies. Practical implications – In 2008, China undertook an arbitrational system reform – probing its practical influence contributes to the authors understanding about the changing institutional environment of Chinese labour relations. Originality/value – As a pilot study on labour dispute arbitrators, this research presents the dynamics of the Chinese labour dispute resolution mechanism.

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L. Tobing, Gindo. "PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM." to-ra 1, no. 3 (January 5, 2016): 167. http://dx.doi.org/10.33541/tora.v1i3.1138.

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Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum

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Giles, Penelope. "Federated Clerks Union of Australia v Victorian Employers Federation." Federal Law Review 15, no. 4 (December 1985): 348–54. http://dx.doi.org/10.1177/0067205x8501500405.

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Industrial law — Victorian award relating to notification and consultation by employers in relation to proposed technological change — Applicability of principles under the Conciliation and Arbitration Act 1904 (Cth) — Current status of traditional dichotomy between industrial matters and managerial prerogative — Commercial Clerks Award Clause 39 — Industrial Relations Act 1979 (Vic) ss 3(1), 34(1) — Conciliation and Arbitration Act 1904 (Cth)

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Plowman, David H. "Industrial Arbitration and the Single Purpose League." Journal of Industrial Relations 53, no. 2 (April 2011): 209–24. http://dx.doi.org/10.1177/0022185610397140.

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Shaw, J. W. "Transforming Industrial Arbitration in New South Wales." Australian Quarterly 62, no. 1 (1990): 36. http://dx.doi.org/10.2307/20635571.

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Wingate, Emmanuel Onyedi, and Pontian N. Okoli. "Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria." Journal of African Law 65, no. 2 (April 5, 2021): 223–43. http://dx.doi.org/10.1017/s0021855321000103.

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AbstractParties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pending action before the Court. It is also argued that decisions concerning the appointment of arbitrators through judicial intervention can be appealed.

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Ikeyi, Nduka, and Emmanuel Onyeabor. "Ravelli v. Digitsteel Integrated Services Ltd.: Does the Arbitration and Conciliation Act Preclude the Arbitration of Employment Disputes in Nigeria?" Journal of International Arbitration 37, Issue 4 (July 1, 2020): 529–40. http://dx.doi.org/10.54648/joia2020024.

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The long title of Nigeria’s Arbitration Act describes the Act as ‘a unified framework for the fair and efficient settlement of commercial disputes by arbitration’. Section 57(1) of the Arbitration and Conciliation Act (ACA) does not include the National Industrial Court of Nigeria (NIC or ‘the court’) in its definition of ‘court’. (The NIC is a specialized High Court with exclusive jurisdiction to hear and determine labour and employment disputes.) Relying on the provisions of section 57(1) of the ACA, the NIC in Ravelli v. Digitsteel Integrated Services Ltd. recently held that it is not enabled to apply the ACA, and further that the ACA does not apply to employment disputes. Accordingly, the NIC refused to assist the applicant to give effect to an arbitration agreement contained in an employment contract. This case comment reviews the decision in the Ravelli case and contends that, based upon a different rationale, the NIC might have taken jurisdiction to consider, and perhaps grant, the application. Arbitration, employment dispute, trade dispute, Arbitration and Conciliation Act, Trade Disputes Act, National Industrial Court of Nigeria, jurisdiction, employment contract, arbitration agreement, Constitution of the Federal Republic of Nigeria

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Dissertations / Theses on the topic "Industrial Arbitration"

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Maluleke, Nkhensani Millicent. "Review of CCMA arbitration awards." Thesis, University of Limpopo (Turfloop Campus), 2011. http://hdl.handle.net/10386/523.

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Luong, Suzen. "Is arbitration an effective method to resolve employment disputes?" access full-text access abstract and table of contents, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454416a.pdf.

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Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.

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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of jurisdiction. The purpose of this treatise is to consider the various approaches of our courts to the issue of the jurisdiction of the CCMA and to determine what approach is practically best suited for CCMA commissioners when the issue of jurisdiction is in dispute. The research methodology is based on the various approaches of our courts to the jurisdiction of the CCMA as set out in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC). The more practical “third” approach as proposed by van Niekerk J, in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC), has been favoured by the Labour Court and the CCMA following the judgment. The correct approach of a commissioner when dealing with specific jurisdictional facts such as condonation and the jurisdiction of a bargaining council will further be considered. However, the predicament that commissioners face is that the Labour Appeal Court’s approach to jurisdiction is in conflict with that of the Labour Court’s approach. In conclusion, it is submitted that the Labour Appeal Court must pronounce on the issue of jurisdiction, taking into consideration the approach of the Labour Court as to create certainty regarding the correct approach of a commissioner when faced with a jurisdictional challenge.

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Young, Kirsty Leigh. "Justifiability as grounds for the review of labour arbitration proceedings." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1003070.

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This thesis focuses on the review of labour arbitration awards given under the auspices of the following bodies: the Commission for Conciliation, Mediation and Arbitration ("CCMA"), bargaining councils, statutory councils, accredited private agencies and private arbitration tribunals. The general grounds of review applicable to the arbitration awards of each body are set out. Against this background, the case of Carephone (Pty) Ltd v Marcus NO & Others (1998) 19 ILJ 1425 (LAC) is analysed and the principles pertaining to the justifiability test are clarified. The judicial rationale for the application of the test to CCMA arbitration proceedings and criticisms of the test are then examined. Currently the justifiability test applies in the review of CCMA proceedings only, so the judicial reasoning for the rejection of justifiability as a ground for private arbitration review is examined. Three approaches are suggested for the application of the justifiability test in private arbitration review. First it is proposed that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Failing the acceptance of this approach, the second submission is that arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. A third suggestion is that the law should be developed by attaching an ex lege term to all arbitration agreements requiring arbitrators to give justifiable awards. In the final chapter, the requirement of justifiability in awards given under the auspices of collective bargaining agents and accredited private agencies highlights the incongruity in applying the justifiability test in CCMA arbitration review and in rejecting this test in private arbitration review.

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Cockfield, Sandra A. "The Interaction of Industrial Tribunals and Workplace Industrial Relations in Australia: the Metal Trades, 1900 to 1929." Thesis, Griffith University, 1998. http://hdl.handle.net/10072/367112.

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This thesis examines the influence of compulsory state arbitration and wages board systems on workplace industrial relations. Using an historical and comparative case study approach, the thesis researches workplace industrial relations at three firms operating in the metal industry between 1900 and 1929. A political economy perspective is employed to examine the interaction of institutional stnictures and economic and political processes in the regulation of the wage-effort bargain at the workplace. Key concepts are drawn from both mainstream industrial relations theory, in particular the Oxford School approach, and labour process theory. Drawing on the work of flanders, a distinction is made between the economic and political aspects of the wage-effort bargain through the differentiation of market relations and managerial relations. This thesis argues that arbitral and wages board systems interacted with a range of factors to shape and influence workplace industrial relations. In keeping with the political economy perspective, the thesis examines the economic, industry, technological, political, and institutional environment within which the three cases operated, identifying changes and trends in these factors during the period under review and their implications for workplace industrial relations. The three cases allowed a closer examination of the influence of these general trends on the development of workplace industrial relations. The cases demonstrate the diversity of the metals sector, each representing a different industry in that sector. Further, the cases differed in their geographic and jurisdictional location, allowing comparisons between Victoria and New South Wales to be made. An examination of the role of arbitral tribunals and wages boards argues that the tribunals used their ability to regulate and stabilise market relations to offset their intervention in managerial relations. In this respect the tribunals sought to engineer changes in managerial relations favourable to industry development and yet simultaneously obtain support from the unions through improvements in market relations. As a consequence of these conflicting objectives the tribunals often behaved in a contradictory manner. In addition, unintended consequences often flowed from tribunal regulation and were important in shaping events at the workplace. Thus while industrial tribunals sought to improve market relations, they inadvertently assisted workers to gain more influence over managerial relations. In each case the workplace was the site of much regulatory activity, whether initiated by management, unions or workers. However, the three cases each present a different pattern of workplace industrial relations in terms: of scope of regulation at the workplace; the role of unions; the nature of managerial strategy; the role of unions; and the implementation and enforcement of tribunals decisions. Moreover, the effect of arbitration and wages board systems at each workplace varied, with the influence of a particular matrix of industry, economic, technological and institutional conditions shaped at the workplace.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Business School
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Vipond, Melanie J. "First contract arbitration : evidence from British Columbia, Canada of the significance of mediator's non-binding recommendations /." Thesis, Scroll list to author, 2010. http://www.law.stanford.edu/publications/dissertations_theses/.

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Thesis (J.S.M.)--Stanford University, 2010.
Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "May 2010." Includes bibliographical references (p. 69-73). Also available online.

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Lee, Fung-ping. "Arbitration in employment in Hong Kong with a survey of human resources professionals attitude /." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833775a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2005.
Title from title screen (viewed 27 Mar. 2006). "A thesis submitted in partial fulfillment of the requirement for the degree Master of arts in arbitration and dispute resolution." Includes bibliographical references.

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Bourne, Glen Steve. "The arbitration review board: an analysis of its development and impact on the arbitration process in the coal industry." Diss., Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/74758.

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The Arbitration Review Board existed in the bituminous coal industry from 1974 to 1981. Established during the 1974 contract negotiations between the Bituminous Coal Operators Association and the United Mine Workers of America, the ARB represented an effort to obtain consistency in arbitration decisions. The ARB operated as an industry appellate board designed to hear appeals of arbitration awards, and the decisions of the ARB were contractually mandated as industry precedents requiring arbitrator compliance. Although the parties terminated the ARB in 1981, they have continued to incorporate the precedent decisions in subsequent contracts. This study utilizes both a qualitative assessment and an empirical analysis of arbitration decisions to determine the impact of the ARB on the arbitration process in the coal industry. Structured interviews were conducted with former ARB members, arbitrators, management representatives, and union representatives to gather information with which to construct a complete historical perspective of the ARB's inception, operation, and termination. A total of 44 individuals were interviewed. The empirical assessment involved a content analysis of 300 arbitration decisions to determine the extent to which arbitrators have adhered to the ARB precedents. Conclusions of the research suggest that the ARB has had a profound impact on coal industry arbitration. Arbitrators increasingly adhered to ARB decisions during its existence, and have continued to exhibit a high degree of adherence following the ARB's termination. The difficulties encountered in implementing the ARB and the factors contributing to its termination are discussed.
Ph. D.

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Southey, Kim. "An analysis of unfair dismissal grievance arbitration in Australia." University of Southern Queensland, Faculty of Business, 2008. http://eprints.usq.edu.au/archive/00004435/.

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[Abstract]: This study identifies statistically significant associations between unfair dismissal arbitration decisions and inherent characteristics pertaining to the unfair dismissal claims. The inherent characteristics examined are the industry sector in which the employee worked, the occupational skill level of the employee’s position, size of the business, presence of human resource expertise within the business, the reason for dismissal, and the genders of both the employee and arbitrator. This research contributes to the body of knowledge on grievance activity within the workplace. It focuses specifically on arbitrated grievances and as such, AIRC unfair dismissal decisions are investigated as an exemplar of arbitrated grievance activity. This study is within an Australian context which may limit its world-wide generalisability but its strength is that it addresses across industry and across occupational data.Empirical analysis is undertaken using data collected from unfair dismissal arbitration decisions made by the AIRC during 2004 and 2005. Three hundred and eighty-four (384) cases are analysed, with 34.4% of the arbitration findings occurring in the grievant’s favour and 65.6% in the employer’s favour. It is noted that this figure is inflated in the employer’s favour because it includes cases lodged and later rejected by the commission for jurisdictional reasons. The split counting the 274 within jurisdiction cases is 51.8% in the employer’s favour and 48.2% in the grievant’s favour. The results of chi-square tests indicate that six characteristics have statistically significant association with the arbitration outcome. These characteristics are: occupational skill level of the grievant; the size of the business; the presence of HR expertise; the reason dismissed; the grievant’s gender; and the arbitrator’s gender. No association was found between the industry sector and arbitration decision, although there is a significant association between industry sector and jurisdictionally rejected claims.The collective finding of the hypotheses tests suggests that the type of aggrieved employee associated with a favourable arbitration outcome is one from an organisation of between 50 and 100 employees without an HR expert, working in a lower skilled occupation, having been made redundant, is female and appears before a male arbitrator. Whereas, the type of employer associated with a favourable arbitration outcome is one who has either up to 50 staff, or over 200 staff with an HR expert, who dismissed a male employee working in a higher skilled occupation for serious misconduct with the case before a female arbitrator.A major policy implication of this research relates to the Rudd government’s proposed legislative reforms of the unfair dismissal provisions. This study identifies disadvantaged groups of workers when it comes to dismissal practices of employers, namely employees from businesses of 50 to 100 workers and lower skilled workers. Identified also was the need for training for businesses to enable them to engage in procedurally fair redundancy processes and for gender bias awareness for arbitrators. In terms of further research, this study provides the foundation for predictive statistical analysis. The variables suitable for further analysis are occupational skill level, business size, reason for dismissal and gender in relation to their influence on the arbitration outcome. Additional descriptive research could also be conducted in terms of conducting international comparatives with a view to identifying the outputs that different legislation/arbitration frameworks produce for workers and employers.

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Botma, Carli Helena. "The role of reasonableness in the review of labour arbitration awards." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1035.

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The Labour Relations Act 66 of 1995 in section 145 and the Arbitration Act 42 of 1965 in section 33 uses wording very similar to one another to specifically enable the labour court to review CCMA and private arbitration awards respectively. As a result, labour arbitration award reviews are regarded as part of the family of special statutory reviews; the implication of such a classification being that the situation specific statutory provision(s) and the jurisprudential principles developed thereunder are applicable rather than those applicable to reviews in general. When the common purpose of the review procedure is then read with the legislature’s objective of quickly and finally resolving labour disputes at arbitration level as well as the limited grounds for review as provided for in the LRA and the AA, indications are that the labour courts’ review powers should be restrictively interpreted. However, because the making of CCMA arbitration awards also constitutes administrative action, the review thereof is also influenced by the constitutional right to just administrative action and reasonableness in particular. This does however not mean that applicants on review can rely directly on section 33 of the Final Constitution or on the broader grounds of section 6 of the PAJA to review CCMA arbitration awards on the basis of unreasonableness. Section 145 of the LRA constitutes administrative action legislation within the specialised labour law sphere and reasonableness is not a ground mentioned therein. A constitutionally consistent interpretation of section 145 however has the effect that reasonableness suffuses the statutory defined grounds for review; a state of affairs that does not threaten the restrictive scope of CCMA arbitration award reviews. In terms thereof, courts on review must establish whether the decision, alleged to have been reached by the commissioner as a result of the occurrence of one or more of the section 145 grounds for review, is one that a reasonable decision-maker could not reach. This interpretation accords far better with the legislature’s specific objectives pertaining to labour arbitration award reviews and the permissible range of reasonableness further ensures that awards are not easily interfered with on review. When a court is then called upon to determine whether or not a decision is reviewable in terms of section 145, it is entitled to have regard to both the award and the record of the proceedings. If, after such scrutiny, the court is of the opinion that the decision was arrived at as a result of the occurrence of a defect as contemplated by section 145 of the LRA, the decision should be reviewed and set aside irrespective of the fact that the outcome can be sustained by other reasons also identifiable from the record; the focus of review always being on the commissioner’s process of reasoning and the way in which he arrived at his findings rather than the outcome of the process. A court should however be mindful of the fact that erroneous reasons for findings per se are not reviewable grounds, but at best serve as evidence of a reviewable ground that will in conjunction with other considerations have to be sufficiently compelling to justify an inference that the decision is unreasonable. In the case of jurisdictional reviews, the reasonableness standard is also applicable because the focus is on the commissioner’s subjective reasons for his findings rather than the jurisdictional fact’s objective existence. A court on review can accordingly set aside a decision following upon the non-observance of a jurisdictional fact if the commissioner, in deciding that the jurisdictional fact existed, committed one or more of the section 145 grounds for review. In the case of private arbitration awards, applicants seeking a review must do so on the grounds recognised in section 33 of the AA and reasonableness is not one of them. This is however not the only reason why these awards are also not subject to the scrutiny of the reasonableness test on review. The other reason relates to the fact that the issuing of private arbitration awards does not constitute administrative action. The disputing parties can also not by agreement incorporate the reasonableness standard into private arbitration award reviews conducted by the labour court. Such parties are however entitled to establish a private appeal or private review body in their arbitration agreement, clothing it with the powers that they wish to confer upon it, including the ability to review an award subject to the reasonableness standard.
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Books on the topic "Industrial Arbitration"

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Inc, Federal Publications, ed. Employment arbitration. [Washington, DC] (1120 20th St., NW, Washington 20036): Federal Publication, 1996.

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Carbonneau, Thomas E. Employment arbitration. 2nd ed. Huntington, N.Y: JurisNet, 2006.

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Brams, Steven J. Sequential arbitration procedures. Toronto, Ont: Dept. of Economics, York University, 1990.

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Elkouri, Frank. How arbitration works. Edited by Elkouri Edna Asper, Volz Marlin M. 1917-, Goggin Edward P, American Bar Association. Committee on ADR in Labor & Employment Law., and Bureau of National Affairs (Washington, D.C.). 5th ed. [Chicago]: Committee on ADR in Labor & Employment Law, Amercian Bar Association Section of Employment Law, 1997.

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Elkouri, Frank. How arbitration works. Arlington, VA: Bloomberg BNA, 2012.

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A, Bales Richard, ed. Arbitration law. 2nd ed. New York, NY: Foundation Press, 2010.

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Kennerley, Anthony. Arbitration: Cases in industrial relations. London: Pitman, 1994.

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Kaplan, William. Labour arbitration yearbook. Toronto: Lancaster House, 1991.

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Cooper, Laura J. Labor arbitration: A coursebook. St. Paul, Minn: West Pub. Co., 1994.

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Aitchison, Will. Factfinding & arbitration. Portland, OR: Labor Relations Information System, 1991.

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Book chapters on the topic "Industrial Arbitration"

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Seifert, Roger. "Deadlocked: arbitration, industrial action and pay review." In Industrial Relations in the NHS, 256–93. Boston, MA: Springer US, 1992. http://dx.doi.org/10.1007/978-1-4899-3214-3_6.

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Mangese, Xoliswa, and Mart-Mari Els. "Supplementing Quantity Surveying Traditional Services with Arbitration as One of the Alternative Dispute Resolution (ADR) Methods." In The Construction Industry in the Fourth Industrial Revolution, 428–39. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-26528-1_43.

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Chehaibar, Ghassan, Hubert Garavel, Laurent Mounier, Nadia Tawbi, and Ferruccio Zulian. "Specification and Verification of the PowerScaleTM Bus Arbitration Protocol: An Industrial Experiment with LOTOS." In Formal Description Techniques IX, 435–50. Boston, MA: Springer US, 1996. http://dx.doi.org/10.1007/978-0-387-35079-0_28.

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de Oliveira, Diogo Pignataro. "International Arbitration in the Oil and Gas Industries." In Energy Law in Brazil, 251–68. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-14268-5_11.

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Garg, N. "Role of International Commercial Arbitration in Resolving WTO Disputes." In Emerging Trends and Innovations in Industries of the Developing World, 19–23. London: CRC Press, 2023. http://dx.doi.org/10.1201/9781003457602-4.

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Staszak, Sarah. "Collective Bargaining and Labor’s Industrial Democracy." In Privatizing Justice, 25–58. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197771723.003.0002.

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Abstract Chapter 2 details the development and entrenchment of labor arbitration, one of arbitration’s original institutional orders that was later converted in the service of modern, private arbitration. It examines labor arbitration’s origins and early development to show that its use in this area of policy was legitimated by characteristics that are meaningfully absent from modern arbitration today, among them its democratic origins, reliance on government-regulated collective bargaining processes, and equality among the contracting parties. It would later be used as a foundation for modern arbitration nonetheless. This transition, however, required reformers across government to strip labor arbitration of its context and underpinnings to repurpose it in the service of establishing the modern PDAA.

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"Disputes Resolution — Arbitration." In Industrial Relations in Singapore, 203–27. WORLD SCIENTIFIC, 2018. http://dx.doi.org/10.1142/9789813230361_0010.

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Bruce, Christopher J., and Jo Carby-Hall. "The arbitration of industrial disputes: a proposal." In Rethinking Labour-Management Relations, 153–68. Routledge, 2021. http://dx.doi.org/10.4324/9781003138570-9.

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Phillips Williams, Zoe. "Patterns in Investor–State Arbitration." In The Political Economy of Investment Arbitration, 22—C2.P57. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198865940.003.0002.

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Abstract This chapter presents the first empirical contribution of the project: the results of an extensive coding project of over 700 cases of investor–state arbitration. It provides an overview of the domestic government institutions which took the measures to which investors object, the type of policy measures taken, and whether these were targeted individual investors or were broader policies. It also includes information about the industry of the claimant investors. It demonstrates that administrative decisions are at the heart of the majority of investor–state disputes. However, the legislature is the individual institution that is most frequently implicated in these disputes—an initial finding which points to the highly politicized nature of these disputes. This chapter also looks at the industrial sector to which investors belong and finds that these cases are clustered in highly politicized, ‘strategic industries’. The results of this first empirical contribution contribute to theory-building in the following chapters.

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"Arbitration in the Field of Industrial Property Rights." In Law in Transition, 203–17. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004480001_013.

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Conference papers on the topic "Industrial Arbitration"

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Roesener, C., B. Lorenz, K. Vock, and G. Fodor. "Emotional Behavior Arbitration for Automation and Robotic Systems." In 2006 IEEE International Conference on Industrial Informatics. IEEE, 2006. http://dx.doi.org/10.1109/indin.2006.275837.

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Kao, Ming-Tsung, Yu-Hsin Cheng, and Shang-Juh Kao. "An Efficient Arbitration Mechanism for Secure Data Exchange with NFC." In International Conference on Industrial Application Engineering 2016. The Institute of Industrial Applications Engineers, 2016. http://dx.doi.org/10.12792/iciae2016.021.

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Lisner, J. Chr. "Scheduling in a time-triggered protocol with dynamic arbitration." In Proceedings of the IEEE International Symposium on Industrial Electronics. IEEE, 2005. http://dx.doi.org/10.1109/isie.2005.1529137.

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Belbachir, A. N., M. Hofstatter, M. Litzenberger, and P. Schon. "Performance evaluation of the ultra high-speed synchronous arbitration for transient pixels' events." In 2009 IEEE International Conference on Industrial Technology - (ICIT). IEEE, 2009. http://dx.doi.org/10.1109/icit.2009.4939484.

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Ya-Li, He, and Guo Xiu-Ping. "A Construction of A2 -Codes with Arbitration from Subspace of Vector Space over Finite Fields." In 2010 International Conference on Computing, Control and Industrial Engineering. IEEE, 2010. http://dx.doi.org/10.1109/ccie.2010.26.

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P., Senthil Kumar, and Anu V. Thomas. "Evolution of Arbitration Law in India." In 6th International Conference on Modeling and Simulation in Civil Engineering. AIJR Publisher, 2023. http://dx.doi.org/10.21467/proceedings.156.31.

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The construction industry is considered to be one of the most dispute-prone industries in the world. Disputes of any kind need to be solved through alternate dispute resolution methods to avoid delay in the completion of the projects and thereby reduce financial losses. Arbitration is an alternative dispute resolution mechanism that has been in use since ancient times worldwide. In India, various laws related to arbitration were formulated prior to British rule and also post-independence. In this paper, an attempt has been made to compare the different Arbitration Acts existing in India to study their effectiveness in dispute resolution.

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