4 ms·
It's difficult to understand how such clause is even legal to begin with. It basically sets up a "private" justice system for non criminal cases. That's insane.
by spriggan3 10y ago
It's difficult to understand how such clause is even legal to begin with. It basically sets up a "private" justice system for non criminal cases. That's insane. I get it, there are difference sort of tribunals. But it shouldn't be up to the corporations to decide where justice is supposed to be served.
- mmanfrin 10y agoIt's legal because the five justices who decided that money is speech decided that money now gets its own courts. https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepcion https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepc...
- the_watcher 10y agoNot really. Arbitration has long been a path that judges recommend for non-criminal cases to reduce strain on the court system. I know that it can often seem nefarious, but a major part of the modern civil court system involves reducing the (frankly, unbelievable) strain on court resources, which are finite (and in many states, being reduced for budgetary reasons).
- pdabbadabba 10y agoIt's because Congress passed a law, called the Arbitration Act, allow explicitly allowing it. https://www.law.cornell.edu/uscode/text/9/2 https://www.law.cornell.edu/uscode/text/9/2