3 ms·

One thing I’d like to see outlawed is forced arbitration. Waiving someone’s right to a lawsuit is just wrong and only serves to benefit the company.

Someone1234 9y ago
What's even more odd, is that in some cases the company gets to select the arbitration company (and repeat business is based on outcomes).
flother 9y ago
They're outlawed in some countries, notably in Europe. EU rules presume pre-dispute arbitration clauses in consumer contracts are invalid. France and Sweden completely prohibit consumer arbitration in certain cases. Germany won't enforce a consumer arbitration clause unless it's in a separate, signed document or part of a fully-notarised contract. Lots of information available at https://www.hausfeld.com/news-press/mandatory-arbitration-in-the-united-state-and-europe https://www.hausfeld.com/news-press/mandatory-arbitration-in....
- jkaplowitz 9y ago
  As another example, Quebec has similar rules for consumer contract. They also forbid contracting for a different choice of law, and unless through a notarial act (in the civil law sense of notary rather than common law notaries public), also forbid stipulating a different domicile to avoid the jurisdiction of their local courts. Just like with your European example, none of this applies to business-to-business contracts.
username223 9y ago
I was amused to read recently that, thanks to having an ancient Yahoo! mail account, I am now subject to binding arbitration when I have a disagreement with a Yahoo! spinoff called "Oath." Also, I cannot participate in a class action or jury trial. That should work out well for me the next time they leak all of their user data.
- dhimes 9y ago
  Yep I saw that too- and I still use them b/c of stuff I set up a decade ago. I'm just not sure it's in fact worth the trouble to change (they are Verizon now).
Paul-ish 9y ago
And contracts that forbid people from joining class actions.

Someone1234 9y ago

What's even more odd, is that in some cases the company gets to select the arbitration company (and repeat business is based on outcomes).

flother 9y ago

They're outlawed in some countries, notably in Europe. EU rules presume pre-dispute arbitration clauses in consumer contracts are invalid. France and Sweden completely prohibit consumer arbitration in certain cases. Germany won't enforce a consumer arbitration clause unless it's in a separate, signed document or part of a fully-notarised contract. Lots of information available at https://www.hausfeld.com/news-press/mandatory-arbitration-in-the-united-state-and-europe https://www.hausfeld.com/news-press/mandatory-arbitration-in....

jkaplowitz 9y ago
As another example, Quebec has similar rules for consumer contract. They also forbid contracting for a different choice of law, and unless through a notarial act (in the civil law sense of notary rather than common law notaries public), also forbid stipulating a different domicile to avoid the jurisdiction of their local courts. Just like with your European example, none of this applies to business-to-business contracts.

username223 9y ago

I was amused to read recently that, thanks to having an ancient Yahoo! mail account, I am now subject to binding arbitration when I have a disagreement with a Yahoo! spinoff called "Oath." Also, I cannot participate in a class action or jury trial. That should work out well for me the next time they leak all of their user data.

dhimes 9y ago
Yep I saw that too- and I still use them b/c of stuff I set up a decade ago. I'm just not sure it's in fact worth the trouble to change (they are Verizon now).

Paul-ish 9y ago

And contracts that forbid people from joining class actions.