Essays on Arbitral

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Emma Williams’s Case

Arbitration is a formal process for determining a grievance between parties in a conflict. A labor arbitration process involves an employment-related dispute between an employer and employee. The authority of an arbitral award comes from the binding arbitral clause in a contract of employment or the authority given by the parties through the appointment (Walras, 2013). An arbitrator has quasi-judicial powers to investigate, listen to the grievances of the parties and provide a decision, which is binding on all parties involved in dispute. However, arbitration must be launched on time to have a force of law. The dispute in ...

Study

Will Manuel Perez prevail in invalidating the arbitration clause? Why or why not? Identify the ethical concerns regarding Walexron’s approach to the arbitration process and recommend actions Walexron could take to remedy the ethical concerns.

Manuel Perez has high chances of invalidating the arbitration clause in question for several reasons.

Firstly, the case materials indicate that there is no applicable arbitration clause at all. Thus, in Staschiak v. Certified Logistics, the court made a ruling that if there is a special disclaimer in the employee handbook, it may not be considered as a part of the employment contract. In addition, this ruling stipulated that the employment agreement should contain a specific reference that ...

The Impact and Effects of Power Politics of United States, China, & Japan Arising from South China Sea Conflicts on the Sovereignty and Socio-Political Fabrics of Philippines

Introduction

The South China Sea (SCS) is a partly enclosed body of water that connects the Indian and Pacific Oceans. It is marked with several island attributes which are grouped into four island bodies-- the Pratas or Dongsha Islands in the northeast, the Paracels or Xisha Islands in the northwest, the Spratlys or Nansha Islands in the south, and the Scarborough Shoal or Zhongsha Islands to Paracels' southeast (Hayton, 2014). It is teeming with ...

Introduction

A labor relationship between parties is regulated by the contract. Any disputes regarding the terms of the contract may be settled in the Court. The Courts established common law rules determining the rights and duties of the employer and employee. Nevertheless, the employment conditions were often unsafe and harmful, hours of work long and wages low. The government started passing laws to combat exploitation of employees by employers. In 1900s government started establishing minimum employment standards, which became the basis for modern labor standards legislation. While the government was taking legislative actions, employees started forming trade associations to increase ...