Labour will 'make it easier for unions to strike', Jealousy's role in dispute resolution, AI could be used to support negotiators
Lisa Rodger
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THE HOT STORY
Labour will 'make it easier for unions to strike'
The Daily Telegraph Daily Mirror
Trade unions will be able to strike even if most of their members do not vote for action, according to the Telegraph, which reports on Labour’s plans to repeal the Trade Union Act 2016. The act sets legal thresholds for strike ballots, requiring at least half of a trade union's members to participate in the vote for the strike to be allowed. It also mandates that for "important public services," such as the NHS and transport, at least 40% of the union's total members must vote for action. Labour intends to remove both thresholds under its Employment Rights Bill. The Conservatives argue that repealing the act would "open the floodgates" to more strikes, but Labour has defended its approach, stating that it will lead to fewer strikes and save the economy money. A Business Department analysis in 2016 suggested that the 50% threshold would reduce the number of strike days by 35%. Kevin Maguire in the Mirror slams the “anti-trade union hostility” of the opposition, arguing that the Conservatives want workers to remain “subsisting on thin gruel in the [Dickensian] workhouse.”
MEDIATION
Chicago teachers union requests outside mediator in contract talks
The Chicago Teachers Union (CTU) has requested an outside mediator to intervene in contract negotiations with Chicago Public Schools (CPS). The move comes as tensions rise between the union and district leaders. CTU's bargaining team has been unable to reach agreements on major issues, prompting the request for outside help. The union emphasizes that this is not a signal of an impending strike, but rather a desire to land a contract. CPS officials have welcomed the use of a mediator to facilitate productive discussions. The CTU is advocating for more resources in schools, including art and physical education teachers, smaller class sizes, and curriculum choice for teachers. The union is also seeking raises for its members. The contract negotiations are influenced by differences over addressing a budget deficit and historical underfunding. If CPS CEO Pedro Martinez is replaced, the need for a mediator and the likelihood of a strike could decrease. The CTU contract expired on June 30, and negotiations are ongoing.
Taming the Green-Eyed Monster: Jealousy's Role in Dispute Resolution and How Best to Tackle It
In many legal disputes, it's not uncommon for one party to feel that they have been ‘ripped off’ by?the other. The other side has deliberately miscalculated the sum due, or twisted the? contract so as to have that result. Or they have ‘stolen’ land not properly within their curtilage. Mediator Stephen Shaw unpacks in his recent article the role of jealousy in dispute resolution, and how it can best be tackled to narrow – and ultimately bridge – the gap between parties.
ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolutions Special Section 2024
Law.com's?Alternative Dispute Resolutions Special Section 2024 considers?a discussion of the Supreme Court’s recent decision in?Coinbase v. Suski, 144 S. Ct. 1186 (2024), and its likely affect on arbitrability disputes; advice for successful mediation; a review of arbitration agreements; and three perspectives on how to apply alternative dispute resolutions to family law. Regarding the decision in Coinbase,?Jose L. Linares and Mark M. Makhail of McCarter & English write: "The court’s decision is a significant departure from longstanding precedent that an arbitrator in arbitration was vested with the authority to make the decision as to arbitrability."
NEGOTIATION
AI could be used to support negotiators in post-Brexit free trade deals
The Daily Telegraph
Civil servants are exploring the use of artificial intelligence (AI) chatbots, such as ChatGPT, to assist in negotiating post-Brexit free trade deals. The Department of Business and Trade is considering AI bots to "identify topics and trends in free trade agreements" to support negotiators. James McBride, the department's AI data ethics lead, and Emma Taylor, data ethics manager, noted that these ideas are being evaluated for data protection and cyber security concerns. The government aims to enhance productivity and reduce costs across Whitehall, with proposals including AI-generated meeting transcriptions and ministerial briefings.
DISPUTE RESOLUTION
EasyJetwash owner agrees to payout in trademark row
BBC News The Times
The owner of driveway-cleaning business EasyJetwash has agreed to pay damages and change the brand name after a trademark?dispute?with the firm that owns easyJet. Jozsef Spekker, from Newcastle-under-Lyme, Staffordshire, was threatened with?legal?action by easyGroup after he registered the trademark in April 2022. He has now agreed to pay “significant damages” and?legal?costs as well as to stop using the easyjetwash.com brand, which he will change to stokejetwash.com, according to easyGroup. EasyGroup said the agreement was made without having to go to a full trial in court, which it claimed would have been a “sure victory” for the firm. Chairman Stelios Haji-Ioannou said Spekker was given an 18-month phasing-out period to “educate his customers” about his business's new name. “Spekker deliberately set out to profit from the reputation of easyJet, the world famous airline, by using the exact word in his domain,” Haji-Ioannou added. “Adding another word after a famous brand does not allow you to take advantage of the goodwill associated with that brand.”
Locals dispute 'alternative access' claim to fenced off Burntisland Harbour
A campaign group called Burntisland Harbour Access Trust (BHAT) has disputed claims made by Fife Council and Forth Ports regarding access to Burntisland Harbour. The harbour was fenced off in 2022 by Forth Ports in the name of "public safety," but BHAT questions the legality of the fence and demands its removal. Fife Council has distanced itself from responsibility, stating that the area is under the commercial ownership of Forth Ports. However, BHAT argues that the council cannot absolve itself of responsibility and that the commercial ownership of the harbour is irrelevant to public rights of access. BHAT cites a 1937 House of Lords ruling that confirms public access rights to the harbour. BHAT also calls on Fife Council to issue a Compliance Notice to ensure public access rights are respected.
Ministers urged to attend crunch talks to avoid Oak legal action
领英推荐
Government ministers are being urged to attend crunch talks with the British Educational Suppliers Association (BESA) to halt a judicial review over the future of Oak National Academy. BESA, along with the Publishers Association and the Society of Authors, launched the legal action against the government's decision to establish Oak as an arm's-length body. Previous discussions with the Department for Education did not reach an agreement to halt the legal action. The acting director general of BESA, Julia Garvey, confirmed the discussions and expressed the hope for a successful resolution. Oak National Academy, an online education lesson resources provider, will continue to operate until at least the end of the spending review period. The government is currently reviewing all upcoming spending decisions, including Oak.
Rangers football kit dispute resolved
The legal dispute between Rangers and Elite Sports Group Ltd over a ￡9.5m kit contract has been resolved. The case arose after Rangers breached a contract with Elite, who were the exclusive brand partner for Hummel, by signing a deal with Castore. Lord Braid had previously urged the parties to show “110% commitment” to resolve the matter. The final written agreement has brought an end to legal wrangling that had been ongoing since the deal was signed in October 2018.
Baker McKenzie expands African dispute resolution practice
The hire of two partners and a director by Baker McKenzie in Johannesburg is part of the US firm's strategy for growing its African dispute resolution practice. Michelle Porter-Wright, a director at A&O Shearman, and colleague Rebecca Thomson, a senior associate, will join the partnership at Baker McKenzie, while Tiffany Gray has been hired as a director designate from CDH. Porter-Wright says Baker McKenzie's African strategy “aligns perfectly with my vision for growth in this region.” The move marks a return to a firm where Porter-Wright previously spent more than four-and-a-half years. The trio's “combined expertise across international arbitration, investigations and commercial litigation will be invaluable to our clients with complex needs in key African markets,” says Steve Abraham, head of dispute resolution for the EMEA region at Baker McKenzie.
ARBITRATION
From Halliburton to Aiteo: Exploring the Evolution of English Jurisprudence on Arbitrator Bias
The impartiality of arbitrators is essential for ensuring fairness and legitimacy in arbitration – so how has English jurisprudence on arbitrator bias evolved? Barrister and arbitrator Divya Kesar examines the recent judgement in Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading Limited [2024] EWHC 1993 (Comm) in the context of the foundational principles established in Halliburton Co. v. Chubb Bermuda Insurance Ltd [2020] UKSC 48.
WORKPLACE CONFLICTS
BA appeal in cabin crew case dismissed
City AM
British Airways has had its appeal over a key section of the Equality Act dismissed by the Employment Appeal Tribunal (EAT). The airline faced legal action from 38 former cabin crew members over its 'fire and rehire' practice during the pandemic. BA was looking to appeal an Employment Tribunal decision from December 2022, which ruled that the Equality Act should be interpreted to allow for indirect associative discrimination. However, the Employment Appeal Tribunal upheld the previous decision, stating that it had jurisdiction to consider indirect discrimination claims under the Equality Act. The case is the first to test whether the Equality Act covers indirect associative discrimination claims. The main hearing in this case is scheduled for February - March 2025. Tara Grossman, partner at Kepler Wolf and lawyer for the claimants, expressed her delight at the EAT's decision and thanked the?Equality and Human Rights Commission and the government for their support. British Airways has not yet commented on the decision.
INTERNATIONAL DISPUTES
US should launch ‘Plan B' if Gaza hostage deal fails, say families
Family members of Hamas captives are urging the US to implement a “Plan B” in negotiations with Israel and Hamas if current talks fail. Joe Biden stated that negotiators were “closer than we've ever been” to a ceasefire deal, but discussions have stalled due to claims of non-cooperation from both sides. Ruby Chen, father of a US-Israeli citizen killed during the attacks, emphasised the need for a new strategy, stating, “If you're trying to get an objective . . . you look at the game plan.” Maya Roman, related to an Israeli hostage, echoed this sentiment, suggesting that the current multi-stage approach lacks the necessary trust. US Secretary of State Antony Blinken warned that “time is of the essence” for a deal, as protests against US support for Israel continue.
Offensive into Russia is meant to draw Moscow into ‘fair talks', Ukraine says
The Guardian
Ukraine's lightning offensive into several Russian border regions is aimed at persuading Moscow to engage in "fair" talks about its war in Ukraine, according to an aide to Volodomyr Zelenskiy. Both sides are pushing ahead with their offensives, with Russian forces edging closer to the key city of Pokrovsk and Ukraine consolidating its gains in Russia's Kursk region. Russia has accused Nato and the west of aiding the Ukrainian incursion, but British officials have stated that Ukraine is entitled to use British-donated equipment in operations within Russia.?
Domestic workers and employers can resolve disputes faster under new UAE law
Khaleej Times Online
The UAE's Ministry of Human Resources and Emiratisation (Mohre) has introduced new regulations to expedite the resolution of disputes between domestic workers and employers involving amounts of Dh50,000 or less. The change aims to create a "fair and equitable relationship" between the two parties, according to migrant rights advocate Barney Almazar, Khaleej Times reports. The new law allows Mohre to directly resolve such disputes, avoiding lengthy court processes that previously favoured employers. Almazar observes: “The amendment to the powers of Mohre is a significant step towards fostering social justice in the workplace.” Domestic workers can now easily lodge complaints with Mohre, making the process more accessible and efficient. If no amicable settlement is reached, disputes can be escalated to the Court of First Instance within 15 working days. The reform is seen as a vital move towards empowering domestic workers and ensuring their rights are protected.
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