LAW 529 Final: chapter 43,44,45 - part 3 of 4 (lecture 10)
26 Dec 2017
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Each witness is examined by counsel for party who called witness, and is then cross examined by other side; Proof is on the balance of probabilities; The parties may agree on an expedited process. Not legally bound by stare decisis but strive for consistency of legal reasoning and predictability. Stare decisis = the decision is final and binding. Arbitration is binding on the parties involved (the ee and er), they don"t need to rely on past arbitration decision, therefore the decision is not binding to future arbitration cases. This makes arbitration even more tricky b/c you never know what they will do, since they don"t rely on anything from the past, it is their own opinions. Decision of arbitrator is final and binding and not subject to appeal but may be reviewed if serious legal error (judicial review) Judges afford arbitrators considerable defences in their interpretation of ca b/c they are the experts. Arbitrators have exclusive jurisdiction over contract disputes.
