9th U.S. Circuit Court of Appeals,
Alternative Dispute Resolution,
Labor/Employment,
Civil Litigation
Jun. 20, 2018
9th Circuit upholds arbitrators’ discretion
An appellate panel has held that labor arbitrators can amend agreements with “no add” clauses when the case involves a mutual mistake, preserving a long-held deference to such arbitrators by district and federal courts.
Labor arbitrators can amend agreements with "no add" clauses when the case involves a mutual mistake, preserving a long-held deference to such arbitrators by district and federal courts, a 9th Circuit Court of Appeals panel ruled Tuesday in a 2-1 opinion.
"We are very pleased with the decision. The 9th Circuit applied many decades of Supreme Court and circuit court precedent, finding that the decisions of labor arbitrators are entit...
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Labor Law
ASARCO v. United Steel
Party that submits to arbitration and takes no appreciable action to suggest arbitrator's jurisdiction is improper prior to arbitration decision cedes ability to challenge such jurisdiction.
