News & Analysis as of

Employer Liability Issues Arbitrators Jurisdiction

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

JAMS on

Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

Littler

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human...

Littler on

In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of...more

Bennett Jones LLP

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

Bennett Jones LLP on

The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Ballard Spahr LLP

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

Ballard Spahr LLP on

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

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