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Binding arbitration has its place. Look at the binding arbitration decision between Qualcomm and Blackberry, which is resulting in Blackberry receiving an $815,
by iplaw 9y ago
Binding arbitration has its place. Look at the binding arbitration decision between Qualcomm and Blackberry, which is resulting in Blackberry receiving an $815,000,000 refund from Qualcomm after a royalty dispute involving licensed standard essential patents.
Because it was binding arbitration and not traditional court proceedings, this judgment is not appealable. This compressed what would have been a 10-year drawn out and extremely costly process into five days. That's it!
There are more arguments against binding arbitration when it's an individual against a conglomerate - you get a biased arbitrator and you're sunk with no means of redress.
- kyrra 9y ago0) You can appeal arbitration awards within the arbitration company[0]. 1) You can appeal arbitration rulings to the court system for a subset of situations (like misconduct or fraud by the arbiters)[1]. [0] http://webcache.googleusercontent.com/search?q=cache:VjU7-9v2qHoJ:www.law360.com/articles/614689/yes-you-can-appeal-an-arbitration-award+&cd=1&hl=en&ct=clnk&gl=us http://webcache.googleusercontent.com/search?q=cache:VjU7-9v... [1] https://apps.americanbar.org/litigation/committees/adr/articles/summer2014-0914-appealing-arbitration-decisions-practice-tips-young-lawyers.html https://apps.americanbar.org/litigation/committees/adr/artic...