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Pamphlet on final offer compulsory arbitration procedures in the public sector of the USA - includes statistical tables on some dispute settlement experiences, etc. References.
Final offer arbitration is a relatively new method of resolving labor disputes. Its use is confined almost exclusively to the public sector where it applies to essential employees. By providing for the selection of one party's best offer, final offer arbitration statutes represent a compromise between interest arbitration statutes and laws prohibiting strikes by essential public employees. The Eugene Oregon Code's package system focuses upon the creation of a “strike-like” risk while the Michigan statute's “issue-by-issue” method concentrates more on achieving an equitable result. This article proposes a model statute which involves a broader selection method to achieve both these goals.
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
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