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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Under the Tripartite Voluntary Arbitration Advisory Council framework, a dispute between an IT services firm and its employees about interpretation of a standing work arrangement is submitted to a Voluntary Arbitrator designated by TVAAC. TVAAC designates Arbitrator K to hear the case. Arbitrator K issues an award in favor of the firm. The employees challenge the award, arguing that Arbitrator K did not meet statutory qualifications and that TVAAC failed to follow the appointment procedures, which they contend should render the award void or voidable. (a) Identify the controlling doctrine on TVAAC’s authority to designate Voluntary Arbitrators and the effect of such designation on the validity of the arbitrator’s award. (b) If the designation is defective, what remedy or remedies are available to the aggrieved party, and how will the court treat the challenged award?

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TVAAC’s designation is only advisory and does not vest the arbitrator with jurisdiction; consequently, any award is null and void; the remedy is to obtain a new designation from TVAAC and restart the proceedings. If the designation is defective, the aggrieved party may file a petition for certiorari to challenge the appointment and the award; the court may either void the award for lack of jurisdiction or remand the case to TVAAC for proper designation. TVAAC’s designation of a Voluntary Arbitrator constitutes a binding appointment that vests jurisdiction in the arbitrator to hear and decide the dispute; the award remains valid provided the designation complied with the appointment framework at the time it was made; if the designation is defective, the aggrieved party may file a petition for certiorari challenging the designation, and the court may void or remand the challenged award for proper designation. An award issued under a TVAAC designated VA can never be questioned on grounds of the arbitrator’s qualifications; challenges are limited to the merits and not to the appointment.

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