Strike‐free Deals and Pendulum Arbitration

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Abstract
This article analyses the legal and procedural aspects of strike‐free deals, focusing in particular on their contractual status, the drafting of their no‐strike clauses, and the ‘binding’ nature of their provisions on pendulum arbitration. Drawing on the author's experience as an arbitrator, it is argued that there is considerable diversity within the strike‐free format but that in general the similarities between strike‐free and conventional procedures are greater than their differences.

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