Arbitral immunity

In this article, Professors Abrams and Nolan address the issue of the immunity of labor arbitrators from suit based on their service in a quasi-judicial role as neutrals under the provisions of collective bargaining agreements. They argue that based upon Supreme Court’s precedent elevating arbitrati...

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Online Access:http://hdl.handle.net/2047/d20002398
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Summary:In this article, Professors Abrams and Nolan address the issue of the immunity of labor arbitrators from suit based on their service in a quasi-judicial role as neutrals under the provisions of collective bargaining agreements. They argue that based upon Supreme Court’s precedent elevating arbitration to a critical role in the implementation of federal labor policy, arbitrators must enjoy the same immunity given to federal and state judges. Courts have cited this work in approving arbitral immunity. This article was first delivered as a paper at the National Academy of Arbitrators.