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Can you elaborate on why contract of adhesion could defeat an arbitration clause? Getting the "take it or leave it" in writing establishes your inferior bargain
by mLuby 9y ago
Can you elaborate on why contract of adhesion could defeat an arbitration clause? Getting the "take it or leave it" in writing establishes your inferior bargaining position, but don't you also have to show that arbitration clauses specifically are
"unconscionable"? I certainly think they are, but I haven't heard a lot of that from courts.
- ThrustVectoring 9y agoThe UN considers access to justice a human right. Depriving people of the ability to access the legal system through your overwhelming negotiating position is a pretty easy argument that it's unconscionable. Realistically, it's enough to likely get past motions to dismiss, which means that the company will negotiate against a BATNA of a lawsuit instead of binding arbitration, which means you get much more money.