3 ms·
Would it matter? The court will not decide the unconscionability of that contract. An arbiter will. The conscionability of a contract that has mandatory bindin
by kevin_b_er 8y ago
Would it matter?
The court will not decide the unconscionability of that contract. An arbiter will. The conscionability of a contract that has mandatory binding arbitration must be decided by the arbiter. The courts are only involved in enforcing the arbiter's judgement, which is not subject to any review. The arbiters judgement is not subject to the courts. The arbiter could decide you were meant to be a slave by the contract or another arbitrary decision[1] that has nothing to do with the contract and assign you a 10 million dollar penalty. Under US arbitration, I argue you have no real rights. With no limit to financial penalty and no review by courts of law other than to compel others to steal your property at the whim of an arbiter, there are no real rights left.
[1] Arbiters are not limited to the subject of the contract nor are they limited to the subject of the dispute.