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Arbitration and Familial Relationship - Term Papers

Arbitration and Familial Relationship

Question One

Two brothers, both of who are certified public accounts, for a professional association to provide tax-accounting services to the public. They also agree, in writing, that any disputes that arise between them over matters concerning the association will be submitted to an independent arbitrator, whom they designate to be their father, who is also a CPA. A dispute arises, and the matter is submitted to the father for arbitration. During the course of arbitration, which occurs over several weeks, the father asks the older brother, who is visiting over evening, to explain a certain entry in the brothers' association accounts. The younger brother learns of the discussion at ...

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were discussed between the father and older brother without the younger brother' being present. Should a court confirm the award or set it aside? Why?

Simply because a decision is unwise does not mean it is illegal. Thus, the two brotherā€™s decision to have all disputes that might arise between them regarding the matter of their association, by their father, may have been misguided. The law does not prohibit such an agreement, even if the American Arbitration Association might discourage such an action. Even if it is ethically questionable for the father to have accepted such a role, both brothers were well aware of their familial relationship with their father beforehand, and even though the younger brother may claim that his father always preferred the older brother, he agreed to his father as an independent arbitrator with a full knowledge of this past. The American Association of Arbitration callus upon a presumption of neutrality for all arbitratorsā€”unless agreed ...

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Arbitration and Familial Relationship. (2016, May 11). Retrieved November 23, 2024, from http://www.essayworld.com/essays/Arbitration-and-Familial-Relationship/105624

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PAPER DETAILS

Added: 5/11/2016 04:22:38 AM
Category: Business
Type: Premium Paper
Words: 547
Pages: 2

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