In the absence of any express provision excluding a particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail, particularly where, as here, the exclusion clause is vague... Monthly Labor Review - Page 1681966Full view - About this book
| United States. Supreme Court - Courts - 1975 - 1308 pages
...Gulf Navigation Co., supra, "[d]oubts should be resolved in favor of coverage." 363 US, at 583. Thus, "[i]n the absence of any express provision excluding...is vague and the arbitration clause quite broad." Id., at 584-585. Since ยง (e) clearly does not constitute an express exception to the arbitration clause,... | |
| United States. Federal Communications Commission - Telecommunication - 2004 - 802 pages
...("[W]e are mindful of the Supreme Court's directive with respect to broad arbitration clauses: '[I]n die absence of any express provision excluding a particular...arbitration, we think only the most forceful evidence of purpose to exclude the claim from arbitration can prevail.'") (quoting AT&T Technologies, Inc. v. Communications... | |
| United States. Supreme Court - Courts - 1988 - 1186 pages
...interpretation of this contract or the performance of any obligation hereunder . . . ." In such cases, "[i]n the absence of any express provision excluding...to exclude the claim from arbitration can prevail." Warrior & Gulf, supra, at 584-585. This presumption of arbitrability for labor disputes recognizes... | |
| James L. Stern, Joyce M. Najita - Business & Economics - 1997 - 304 pages
...Supreme Court demanded an "express provision excluding a particular grievance from arbitration" or else "the most forceful evidence of a purpose to exclude the claim from arbitration" before the presumption in favor of the arbitrability of all disputes concerning the interpretation... | |
| John Caputo, Mark Yount - Philosophy - 2010 - 281 pages
...covers the asserted dispute. Doubts should be resolved in favor of coverage. ... In the absence of an express provision excluding a particular grievance...clause is vague and the arbitration clause quite broad Douglas's sweeping pronouncements create a general presumption in favor of arbitration and do not limit... | |
| Kevin R. Sido - Law - 2006 - 762 pages
...issues."59 Where the arbitration clause is broad, only an express provision excluding a specific dispute or "the most forceful evidence of a purpose to exclude the claim from arbitration" will remove the dispute from consideration by the arbitrators.60 For example, in Carlin, Pozzi Architects,... | |
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