inarbitrable
inarbitrable, adj. 1. (Of a dispute) not capable of being arbitrated; not subject to arbitration. [Cases: Arbitration 3. 1. C.J.S. Arbitration § 11.] 2. Not subject to being decided.
Search Results for: DISPUTE
uniform simultaneous death act
Uniform Simultaneous Death Act. A 1940 model statute creating a rule that a person must survive a decedent by at least 120 hours in order to avoid disputes caused by simultaneous deaths (as in a common disaster) or by quickly successive deaths of persons between whom property or death benefits pass on the death of
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reverse consensus
reverse consensus. Intellectual property. In a dispute-settlement procedure under TRIPs, an agreement between the parties that a dispute should not be submitted to a World Trade Organization panel for adjudication. • Before TRIPs, any party could delay formation of a WTO panel or adoption of its report by withholding consensus. Under TRIPs, each process is
secondary activity
secondary activity. Labor law. A union’s picketing or boycotting a secondary or neutral party, with the goal of placing economic pressure on that party so that it will stop doing business with the employer that is the primary subject of the labor dispute. • Secondary activities are forbidden by the Labor–Management Relations Act. 29 USCA
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sequestratio
sequestratio (see-kwes-tray-shee-oh), n. [Latin] Roman law. The depositing of an object in dispute with a holder, the sequester, either voluntarily or by court order. Pl. sequestrationes (see-kwes-tray-shee-oh-neez).
spielberg doctrine
Spielberg doctrine. Labor law. The policy of the National Labor Relations Board to defer to an arbitrator’s decision regarding a contract dispute if (1) the decision is not repugnant to the National Labor Relations Board, (2) the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and (3) the
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home state
home state. Family law. In an interstate child-custody dispute governed by the Uniform Child Custody Jurisdiction and Enforcement Act, the state where a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the proceeding. See home-state jurisdiction under JURISDICTION.
ombudsman
ombudsman (om-b[schwa]dz-m[schwa]n). 1. An official appointed to receive, investigate, and report on private citizens’ complaints about the government. 2. A similar appointee in a nongovernmental organization (such as a company or university). — Often shortened to ombuds. “An ombudsman serves as an alternative to the adversary system for resolving disputes, especially between citizens and government
general federal common law
Hist. In the period before Erie v. Tompkins (304 U.S. 64, 58 S.Ct. 817 (1938)), the judge-made law developed by federal courts in deciding disputes in diversity-of-citizenship cases. • Since Erie, a federal court has been bound to apply the substantive law of the state in which it sits. So even though there is a
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accredited representative
A person with designated authority to act on behalf of another person, group, or organization, usu. by being granted that authority by law or by the rules of the group or organization [as an officer of the union, she was the accredited representative of the employees in the wage dispute].
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