Abstract

http://ssrn.com/abstract=2113334
 


 



The Arbitrator as a Fiduciary Under the Employee Retirement Income Security Act of 1974: A Misguided Approach


Bernard Dobranski


Ave Maria School of Law

1982

American University Law Review, Vol. 32, No. 1, 1982

Abstract:     
This Article examines the soundness of the view that a Taft-Hartley arbitrator is potentially a fiduciary under ERISA. The Article first briefly describes the fiduciary responsibility requirements of ERISA, and then examines the Department of Labor's position that an arbitrator may be a fiduciary under ERISA. Next, this Article raises several considerations that cast doubt on the Labor Department's view, and concludes that the arbitrator cannot be a fiduciary under ERISA and thus should not be subject to the risks of personal liability that inhere to a fiduciary.

Number of Pages in PDF File: 24

Keywords: arbitrators, fiduciaries, ERISA, personal liability

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Date posted: July 25, 2012 ; Last revised: December 3, 2012

Suggested Citation

Dobranski, Bernard, The Arbitrator as a Fiduciary Under the Employee Retirement Income Security Act of 1974: A Misguided Approach (1982). American University Law Review, Vol. 32, No. 1, 1982. Available at SSRN: http://ssrn.com/abstract=2113334

Contact Information

Bernard Dobranski (Contact Author)
Ave Maria School of Law ( email )
1025 Commons Circle
Naples, FL 34119
United States
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