United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




International Arbitration in Latin America


Book Description

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.




Public Sector Mediation


Book Description

This book covers the process of public sector mediation from preparation to signed contract. Practical solutions to problems in meetings and caucuses, scheduling, mediator qualifications, and the mediation itself are discussed in detail in the work.




The Arbitration of Rights Disputes in the Public Sector


Book Description

Designed specifically for labor management advocates and their clients in the public sector, this book is a comprehensive yet practical guide to the arbitration of grievances in public employment. The authors, both experienced arbitrators themselves, offer step-by-step advice on the preparation and presentation of arbitration cases and provide a detailed description of effective grievance resolution through the effective use of the grievance procedure. Written in a style accessible to those without substantial academic training in labor relations law, the volume's purpose is to equip the practitioner to represent his or her respective constituents effectively in the private system of industrial jurisprudence. Although it focuses particularly on grievance administration and arbitration in state and local government, the concepts and techniques presented are equally appropriate for those working in the federal or private sectors. Following an introduction, the authors review various state bargaining statutes governing the arbitration of grievance disputes and look at the grievance process as a prelude to arbitration. They go on to examine the institution of arbitration, focusing primarily upon the administrative agencies, the arbitrators, and the legal environment within which labor relations advocates must work. Subsequent chapters treat procedural and evidential issues common to arbitration, the arbitration of discharge and disciplinary matters, contract interpretation issues, and the decision making of neutrals and what can or cannot reasonably be expected of arbitrators. In their conclusion, the authors make the case for rights arbitration as the preferred method of dispute resolution. Five appendices contain information critical for the practitioner not normally available in a single source: the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes; the Rules of the American Arbitration Association and the Procedures of the Federal Mediation and Conciliation Service; and sample arbitration awards issued in real-life cases.




New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution


Book Description

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.




Labor and Employment Arbitration


Book Description

The new Second Edition of Labor & Employment Arbitration is an indispensable guide to all aspects of labor & employment arbitration. Substantially revised to give greater in-depth coverage & with contributions from experts in the field, this authoritative treatise provides: Also available on Authority Employment Law Library CD-ROM.




Basic Guide to the National Labor Relations Act


Book Description




Mediation and Arbitration of Employment Disputes


Book Description

A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.







Mediation in Collective Labor Conflicts


Book Description

This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.