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Alternative Dispute Resolution: Statutes, Regulations & Decisions

Federal & State Statutes

Federal Arbitration Act (formerly known as the United States Arbitration Act) 9 U.S.C. § 1 et seq. Remember to use an annotated statute that will lead you to other relevant primary and secondary sources.

Uniform Laws Annotated: Master Edition (KF165 .A5) [Located in the Reference Wing] For most laws, this resource contains the following:

Table of Jurisdictions Wherein the Act has been Adopted; Historical Notes; Commissioner’s Prefatory Notes; General Statutory Notes; Jurisdictions Adopting the Uniform Act in a Manner Precluding Comparative Notes; Outline of the Act; Text of the Acts; Official Comment; Action in Adopting Jurisdiction; Law Review Commentaries; Library References; and, Annotations or Notes of Decisions.

The current Uniform Laws are also posted on the Internet by the NCCUSL and the University of Pennsylvania. You may access the acts at the website: http://uniformlaws.org/, by clicking on "Final Acts" in the left hand column. Drafts may also be accessed through the website by clicking on "Drafts."

The Legal Information Institute (LII) also provides access to state statutes related to arbitration, accessible at, https://www.law.cornell.edu/wex/table_alternative_dispute_resolution

Lexis and Westlaw also provide access to model acts and uniform laws. Westlaw provides access in its ULA database. Model acts and uniform laws may be found on Lexis by selecting the secondary legal resources and then the "Model Acts and Uniform Laws" sections. Alternatively, these resources can be found by browsing an area of law by topic and then searching under the statutes and legislative materials for Uniform Act or Model Acts.

Ian R. MacNeil, Federal Arbitration Law: Agreements, Awards and Remedies Under theFederal Arbitration Act (New York: Aspen, 1999) OCU Call # KF 9085.M36. Looseleaf no longer updated.


Arbitration - Primary Law – Oklahoma Statutes
12 Okla. Stat. § 1801 et seq. Dispute Resolution Act
12 Okla. Stat. § 1851 et seq. Oklahoma’s adoption of the Uniform Arbitration Act

Federal & State Regulations

Regulations for Alternative Dispute Resolution can be found in the CFR under topics such as Labor (Title 29).  Print editions are available in the Reference Wing.

For Oklahoma regulations on ADR, search the Oklahoma Secretary of State website's Oklahoma Administrative CodeThe print editions of the Oklahoma Administrative Code are located in the Oklahoma Wing.

 

Decisions


Most parties enter arbitration to avoid the publication of the final resolution of their dispute.  However, parties may consent to have an arbitration decision published. The decisions of labor arbitrations are frequently published and sources are discussed in the section “Labor and Employment Arbitration - Cases and Decisions.” Specifically see Chapter 11 “Precedential Value of Arbitral Awards” in How Arbitration Works. Case law relating to arbitration agreements is also relevant. Search traditional sources of cases and note that LexisNexis and Westlaw have specific databases devoted to cases relating to arbitration.

The West Digest has an entire topic devoted to arbitration. Browse the outline of subheadings and Key Numbers at the beginning of the topic “Arbitration” in the digest.

Westlaw Classic's databases of arbitration awards include:


(ARBIT) contains arbitration awards originally compiled by a private attorney beginning in 1963.


(ARB-DEC) Decisions of arbitrators in proceedings related to human resources issues involving federal government employees. Coverage of selected full-text decisions begins with 1973.


National Mediation Board Decisions (FLB-NMB) that includes decisions and opinion letters of the National Mediation Board concerning mediated labor disputes, including railway, air-carrier, mine safety, postal and other disputes from 1935.


Labor Arbitration Information System (LAIS) contains biographical records of arbitrators and arbitration summaries consisting of information such as parties' names, arbitrator's name, factual information about an arbitration, prevailing party, and type of arbitration. Coverage begins with 1960.

For Westlaw, select "Arbitration Materials" on the initial screen.


LexisNexis databases of awards include:
AAA Labor Arbitration Awards containing full-text opinions from the American Arbitration Association (AAA). AAA is the world leader in dispute resolution services, and has arbitrators all over the United States who resolve labor management disputes for both the public and the private sectors. Some of the industries covered in AAA Labor Arbitration Awards include: Education; Food Service; Health Care; Law Enforcement; Manufacturing; Media; Retail; Sports & Entertainment; Federal, State, and Local Government; Transportation; and Utilities. From January 2003 through current. Access it by: Area of Law By Topic > Labor & Employment > American Arbitration Association.

For Lexis Advance, go to "Browse Sources" and select "AAA Labor Arbitration Awards."

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