Nobody downloaded yet

Arbitration - Assignment Example

Comments (0) Cite this document
Summary
O’Connell has the burden of proof, that is, the individual initiating the lawsuit also known as the plaintiff. He holds the burden of proving his case by the majority of the evidence. He must offer facts of his claimed damages by indicating that the incident was more…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.4% of users find it useful
Arbitration
Read TextPreview

Extract of sample
"Arbitration"

Download file to see previous pages O’Connell are of equal argument, this implies that the teacher failed his stance on the burden of proof. In short, the tie moves to the defendant as he does not have to provide proof of anything. Therefore, the defense in such a case can freely poke flaws in the plaintiff’s case. If the teacher-student were to successfully prove of the wrongs done against him in the punishment, then the case must be accepted as true by the arbitrator. This would mean that the case is beyond reasonable doubt.
The size and task carried by the gym teacher are of relevance to the case as Mr. O’Connell testified that the student pushed him. Averaging from the size of most seventh-grade students, a mature adult is no match for such. Therefore, this should not have been a justification to lift the student from the back in a harassing manner. Again, as an African-American, the student’s orientation is worth concern to the incident. Mr. O’connel should have his past reviewed of his encounters with other students of such race. It could reveal a trend probably missed in the investigation.
The administration’s take on Mr. O’Connell past discipline cases that went unpunished are also of relevance to the case. The classification of discipline cases by the administration should also be evaluated. Questions must also be raised on the possibility that he has had similar or worse scenarios that have gone untold by students for fear of suspension or such threats.
Mr. O’Connell was unjust. In an arbitrator’s point of view, the student’s past ought also to be the question, the background, and emotional stress should be evaluated. Given that the conversation between the student and Mr. O’Connell before Mr. Smith’s arrival was not document, this leaves flaws questioning the eligibility of the generalization to the term obscenities. Could it have been possible that the teacher triggered the harsh conversation or was it the student? African American students have a ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Arbitration Assignment Example | Topics and Well Written Essays - 750 words”, n.d.)
Arbitration Assignment Example | Topics and Well Written Essays - 750 words. Retrieved from https://studentshare.org/human-resources/1688890-arbitration
(Arbitration Assignment Example | Topics and Well Written Essays - 750 Words)
Arbitration Assignment Example | Topics and Well Written Essays - 750 Words. https://studentshare.org/human-resources/1688890-arbitration.
“Arbitration Assignment Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/human-resources/1688890-arbitration.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
International Arbitration
...International Arbitration The multifarious problems relating to interim measures with reference to international arbitration being addressed in the dissertation makes it an indispensable prerequisite to inquire into the broader aspects of research methodology, which are of diverse proportion. Many law dissertations rely mainly upon cases, statutes and academic commentary. However, to inquire, to arrive at the ultimate result and to redress the problem being addressed, certain pre-existing research philosophy in addition to adoption of the correct research strategy and research methodology was taken the aid of, for successful completion of the research. The answer to the problems in this research would be...
6 Pages(1500 words)Dissertation
Arbitration
...?Arbitration The arbitration clause in a contract which is a common feature in all international contracts is an agreement separate from the underlying contract and hence known as the “bedrock” of international arbitration.1 The arbitration agreement must be carefully drafted so as to provide for the rights of the parties and their duties to submit to arbitration proceedings and competence of arbitral tribunal to resolve disputes. National courts (appointing authority) also have a role to play in referring the parties to arbitration. Parties to the dispute have rights to seek enforcement of arbitral...
10 Pages(2500 words)Coursework
Arbitration
...? Arbitration The Concept of Arbitration as a Type of ADR The idea of Arbitration usually arises in a situation of settlement of a deal. Arbitration refers to a range of procedures for resolving disputes out of courts of law. It is a type of Alternative Dispute Resolution (ADR). The term ADR includes different forms of processes, which are sponsored by different organizations with a variety of rules. Parties involved in disputes usually choose these types of ADR to reach a decision about their arguments instead of subjecting their cases to traditional litigation procedures. The advantage of arbitration is that parties can manipulate it to suit their...
10 Pages(2500 words)Coursework
Arbitration
...). Since the article does not give the company's side of the dispute it is difficult to gauge the veracity of the claimant's account. However, clearly they feel there is a case to be answered since they are prepared to go to arbitration. 2. if you were the manager, what could you have done to avoid this stage of the proceedings. The greatest difficulty the manager has in this situation is obtaining a truthful account of what happened. The claimant did not seek his line manager's advice at the time that he alleges he saw his name crossed out. Nor would it appear that until matters had reached a head did the claimant make any allegations of discrimination or unfair treatment from his colleagues. Assuming that I was...
3 Pages(750 words)Case Study
Arbitration Law
...Compare the use of experts in international arbitration (commenting on at least one civil and one common law jurisdiction) With the rapid strides made by the world financial and business communities, it has become imperative for businesses to have a proven method of resolving business disputes promptly, expeditiously and constructively. When businesses grow and expand it is natural that disputes will arise. In wake of this, parties often favor a private and informal settlement of disputes, in a businesslike fashion that enable them to further their business interests without strangling their business relationship. It is for such occasions that arbitration is designed—for prompt,...
12 Pages(3000 words)Essay
Arbitration
...Arbitration is just like an ordinary court proceeding, except that it is not judicial in nature but administrative. In an arbitration proceeding, thecase is made known to a specific government agency that will provide administrative services to parties, the complainant and the respondent, before and during the arbitration. There are numerous arbitration and mediation agencies, some established or connected with the national government. These agencies are devoted to settle disputes between two conflicting parties without the need of going through judicial proceeding or litigation. Arbitration is the submission of a complainant to an intended respondent...
5 Pages(1250 words)Essay
Arbitration
...In the case of Baker vs. Osborne Development Corp., Thomas Baker, a homeowner, brought suit against Osborne for defects in housing that Baker had purchased, and Osborne had constructed. However, Osborne had already enrolled the buyers in a Home Warranty program, administered by Home Buyers Warranty (HBW) that specifically told the homeowners that any disputes would be solved by arbitration. Baker (and others who had purchased the homes from Osborne) were all informed of this by HBW by separate booklet after signing the original contract. Baker and the others are not bound by the arbitration agreement because they did not directly agree to it, as well as the fact that they were never specifically informed...
1 Pages(250 words)Assignment
Arbitration
...Arbitration Arbitration is an alternative form of dispute resolution. This approach provides parties to a conflict with an alternative to resolve the dispute without litigating. The two parties to a dispute elect an impartial third party to hear them and then make an award based on the evidence and testimony of the parties. Although the process is conducted out of court, the parties are both given an opportunity to participate in a hearing and they are allowed to give evidence. The arbitrators award in arbitration cases is often final and courts rarely reexamine such awards. Additionally, other characteristics of arbitration are that it is a confidential...
2 Pages(500 words)Essay
Arbitration
...Arbitration Arbitration Alternative dispute resolution is popular as external dispute approaches to conflict resolution. They are dispute resolution techniques, which act as a way for most of the disagreeing parties establishes an agreement away from litigation. It also includes a collective terminology for the avenues in which parties can address disputes through the assistance of a third party. Irrespective of the historic resistance to the approaches from many parties and respective advocates, the approach continues to gain widespread acceptance across both the legal profession and the public in recent past. In fact, many courts require that some parties engage in alternative dispute resolution...
2 Pages(500 words)Essay
Arbitration
...Separability in Arbitration affiliation Separability used in Arbitration The doctrine of separability has been acceptable in the USA and Europe for a long time now. In England, the clause of arbitration legislation has been separate, and it is enshrined in the 1698 Arbitration Act. The Act had been established to allow arbitration clauses to be part of the rules in the court when the involved parties agree to it. However, in a case in England of Kill Verse Hollister a ruling (1746) was made that the arbitration clause was not in spirit with the 1698 Act, rendering it incapable of being enforced through the judicial process. When a law...
1 Pages(250 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Assignment on topic Arbitration for FREE!
Contact Us