3 ms·

I hate mandatory arbitration clauses as much as the next guy, but what you said is just not true. Arbitration clauses are thrown out by the courts regularly. Th

I hate mandatory arbitration clauses as much as the next guy, but what you said is just not true. Arbitration clauses are thrown out by the courts regularly. The reason is the simple fact that the arbitration clause is only enforceable by the courts, and they can always decide to do the other thing. If you go to arbitration and you feel the result was unfair, you can always appeal to the courts. There, the judge can either affirm the decision or throw it out entirely.

kevin_b_er 6y ago
You're presuming judicial review. The arbiter result is final and binding. Appeals are exhausted. You may only argue the arbitration section under a very very limited set of choices under the arbitration act. And only the arbitration section. The rest of the agreement can be capricious, unfair, and malicious. That's for the arbiter to decide on, however. And the arbiter only gets to keep making money by hearing "cases" as long as they don't rule against the company. The problem is the court system has chosen to liberally interpret the arbitration act against the citizenry. Now show me all these agreements being "thrown out". What's instead happening is state laws attempting to protect the citizenry being thrown out instead.