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Arbitrators Beware of Conducting Your Own Legal Research Without Consent of the Parties

Posted By By Daniel E. Gulden, Thursday, March 20, 2014
Take a look at this article (8 pp.) from the May 2013 NY State Bar Assn. Journal titled "Can an Arbitrator Conduct Independent Legal Research? If Not, why Not?" by Paul Bennet Marrow. It can be found athttp://marrowlaw.com/. The author advises getting consent of the parties before conducting your own independent legal research, because the scope of the arbitration is controlled by the contract entered into between the parties, unlike courts, where their decisions can be binding on other parties and courts. He suggests rereading the last three paragraphs for those who just say "Why Not?"

Tags:  arbitration  dispute  legal  research  resolution 

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The Arbitration Angle Arbitrator's Award of Attorney's Fees Affirmed Against Party Seeking Vacatur on Manifest Disregard Grounds

Posted By By Robert N. Dokson, Thursday, March 20, 2014
Fulton County v. Lord

Georgia Court of Appeals, July 8, 2013; A13A0694; A13A0695; 13 FCDR 2288,http://caselaw.findlaw.com/ga-court-of-appeals/1637955.html

This case involves a grievance filed against the county under its civil service policy by county law clerks claiming they were unfairly paid less than staff attorneys in the county attorney's office, despite performing similar work. The county board of commissioners had adopted a job pay and classification system. The system rated judicial law clerks & county attorney staff attorneys at identical classification and pay grades. During various periods of time staff attorneys received higher pay via additional 'premium pay' and through an additional pay schedule. The pay differential between the two groups was approximately 36%. The law clerks filed a group pay grievance claiming they were not receiving equal pay for equal work. The grievance claim was denied and that denial was upheld by the county manager.

Tags:  arbitration  dispute  resolution  Vacatur 

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