Would a court uphold the award

Assignment Help Project Management
Reference no: EM131272712

McGraw and Duffy have a contract that includes a binding arbitration clause. The clause provides for arbitration of any dispute arising out of the contract. The clause also provides that the arbitrator is authorized to award damages of up to $100,000 in any dispute arising out of the contract. McGraw allegedly breaches the contract.

Duffy seeks arbitration, and the arbitrator, given the willfulness of the breach and the magnitude of its consequences, awards Duffy $150,000 in damages. Would a court uphold the award? Why or why not?

Reference no: EM131272712

Questions Cloud

Why is eberly likely or unlikely to have award overturned : Boxley Corporation and Eberly Corporation have a contract dispute before an arbitrator. - Why is Eberly likely or unlikely to have the award overturned?
Explain why the use of adr is increasing : Explain why the use of ADR is increasing.- When will a judge overturn an arbitrator's decision?- Explain how to secure arbitration as a means of resolving a dispute.
Present a plan to transform the organization : Think of an organization you which you are very familiar; I selected United Airlines [or Aetna Health Care]. Diagnose the need for change and present a plan to transform the organization, utilizing Kotter's 8-Step Approach.
Type of cultural identifiers have you used : What type of cultural identifiers have you used or heard others use? What impact can these identifiers have in the workplace. Provide an example.
Would a court uphold the award : McGraw and Duffy have a contract that includes a binding arbitration clause.- Would a court uphold the award? Why or why not?
Facing a decrease in membership : Lately, unions are facing a decrease in membership. Giving the current and the future economic trends, what do you think will be the future of unions? Do you consider joining one? Why or why not? Given their historical initial purpose, are they re..
Describe the target population and setting : Describe how the selected problem applies to advanced practice in the student's role option. Provide an appropriate health promotion/disease prevention theoretical or conceptual framework. Provide a review of literature related to interventions that ..
Process of progressive discipline : MediaTxt Corp. is an organization that follows the process of progressive discipline. The organization communicates with Leila, an employee, about unacceptable behavior and responds to a series of her offenses. Which of the following would be the ..
How can the parties secure arbitration : Sam and Mary enter into a contract that does not include a provision for arbitration.- How can the parties secure arbitration?

Reviews

Write a Review

Project Management Questions & Answers

  Adjustment for risk

Adjustment for risk - Risk in a revenue-producing project can best be adjusted

  Show the organizational change communication

Was this communication method effective and what would have been the best way to communicate the change to the employees and why?

  Find journals in the field of project management

What type of articles are published (reviews of literature, empirical studies, ect. whether the journal is published by a professional organization or by a private group.

  Identify five requirements of an effective mrp system

What is the rationale for (a) a phantom bill of material, (b) a planning bill of material, and (c) a pseudo bill of material? Identify five specific requirements of an effective MRP system ?

  What in general will the project achieve

What in general will this project achieve? What is the history of the problem? Why is this problem interesting? When and why does the problem occur? Is the problem already solved? What is done now?

  Project types by origin

How does each of the following impact project development: problem-driven projects, opportunity-driven projects, and mandate-driven projects?

  Determining es-ef-ls-lf and slack for each activity

George would like to determine ES, EF, LS, LF, and slack for each activity.

  Challenges to introduce a project management philisophy

What do yu see as being primary challenges to introducing a project management philisophy to most organizations ?

  Determine the business net income

The business's net operating income for the year is $60,000 before considering Gena's benefit. Determine the business's net income for the year and the tax effects for Gena for each of the following entities:

  What are some human resource challenges

What are some human resource challenges and how would a good human resources department meet these challenges?

  Discuss the importance of the purpose statement

Describe how the research questions and hypothesis are developed and these should be succinct, yet as detailed as possible.

  Personal learning regarding systems thinking

Considering this experience, what is your personal learning regarding systems thinking?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd