Home Run or Strikeout? Is Baseball Arbitration a Viable Dispute Resolution Procedure for Australia?

被引:0
|
作者
Bayliss, Myles [1 ,2 ]
机构
[1] Supreme Court Queensland, Brisbane, Qld, Australia
[2] High Court Australia, Parkes, ACT, Australia
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关键词
FINAL-OFFER ARBITRATION; IMPARTIALITY; BIAS;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In an effort to address perceived inequalities in bargaining power between digital platforms, such as Google, and traditional media businesses, a mandatory bargaining code was introduced compelling digital platforms to bargain with these businesses. A key feature of the Media Bargaining Code (the Code) is what is referred to as "baseball arbitration". Baseball arbitration is largely unknown in Australia, giving rise to some uncertainty in respect of the procedure's operation and effectiveness. Using the Code as a case study, this article undertakes an examination of Baseball Arbitration, drawing on the vast experiences of the procedure's jurisdiction of origin: America.
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页码:253 / 265
页数:13
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