18:01 Aug 20, 2019 |
English language (monolingual) [PRO] Law/Patents - Law: Contract(s) | |||||
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| Selected response from: Mark Robertson Local time: 17:15 | ||||
Grading comment
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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5 +2 | jurisdictional |
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3 -1 | measure |
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Discussion entries: 3 | |
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gateway measure Explanation: Arrangement, formality, procedure, measure. |
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gateway jurisdictional Explanation: I think jurisdictional is preferable to threshold because its meaning is immediately clear. Gateway issues are preliminary issues that concern the jurisdiction of a court/tribunal and/or other issues that prevent a court/tribunal from exercising any jurisdiction it has. "When an arbitration agreement is in effect, who decides whether an employment dispute—or any dispute for that matter—is arbitrable?" (...) The parties to such a contract may agree to have an arbitrator decide not only the merits of a particular dispute, but also "gateway questions" of arbitrability. Therefore, when the parties' contract delegates the arbitrability question to an arbitrator, a court may not override that delegation, even if it thinks the arbitrability claim is wholly groundless." Read more at: http://www.nlrg.com/employment-law-legal-research2-/arbitrat... "The kompetenz-kompetenz principle is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it." https://en.wikipedia.org/wiki/Kompetenz-kompetenz" -------------------------------------------------- Note added at 21 horas (2019-08-21 15:46:34 GMT) -------------------------------------------------- The term "gateway issues," which has gained prominence in recent U.S. Supreme Court rulings,' is susceptible of two meanings. It may be read broadly to signify any feature of a dispute, the parties to it, or the contract from which it arises that, when raised by a party resisting arbitration, can potentially keep an arbitration from going forward.' 9 This entire bundle of issues has traditionally been referred to simply as "jurisdictional" or "threshold" in character. However, on other occasions, the term "gateway issues" is used in a much narrower sense, designating only those threshold issues that courts agree to resolve, if raised on a timely basis, rather than leave for an arbitral tribunal to decide. https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?arti... Threshold Issues "When a charge is filed with the Commission, the assigned investigator ordinarily will determine whether certain threshold requirements are satisfied before considering the merits of the discrimination claims.(2) This Section discusses coverage, timeliness, and other threshold issues to be considered when a charge is first filed under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA),(3) or the Equal Pay Act of 1963 (EPA).(4) This Section does not address defenses that a respondent may raise to defeat a charge of discrimination that satisfies the threshold requirements, such as the bona fide occupational qualification defense or substantive defenses to benefits claims under the ADEA." https://www.eeoc.gov/policy/docs/threshold.html |
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