5 ms·
> Assuming your agreement states that the company will front the fees. I'm not entirely sure they can agree to not front the fees without also potentially void
by jdmichal 7y ago
> Assuming your agreement states that the company will front the fees.
I'm not entirely sure they can agree to not front the fees without also potentially voiding arbitration. While money does mean a lot in court, there's a very strong sentiment that it should not be a barrier to entry. There's at least one case that went to appears where, when the plaintiff ran out of money and arbitration was canceled, the case was permitted into court:
https://cdn.ca9.uscourts.gov/datastore/opinions/2016/06/15/13-56624.pdf https://cdn.ca9.uscourts.gov/datastore/opinions/2016/06/15/1...
- gamblor956 7y agoThe arbitration clause is for the company's protection, therefore the arbitration fees are their burden. If they breach the arbitration clause by not paying for arbitration in a timely manner, the plaintiff is entitled to go to court in the 9th and 10th Circuits.
- comex 7y agoBut what if the arbitration clause says the plaintiff will pay? I believe that's what the parent comment was talking about.
- arbitraryacct 7y agoNot allowed
- gamblor956 7y agoAn arbitration clause can't force the plaintiff to pay because it's in the contract for the benefit of the defendant. There's no "consideration" provided to make the plaintiff give up the right to pursue legal action in a normal court of law.
- comex 7y agoIt's not necessary for each individual clause of a contract to have consideration for both sides, only for the contract as a whole to have it. The consideration is that you get to use the service in question.