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The title of this article is somewhat misleading. A clause that prevented any right of action whatsoever would most likely be illegal in many countries (includ
by gavinballard 15y ago
The title of this article is somewhat misleading.
A clause that prevented any right of action whatsoever would most likely be illegal in many countries (including, I think, all EU countries, the US and Australia/NZ).
However, "binding arbitration" clauses which require parties to submit to alternative dispute resolution procedures before any legal action is taken are actually quite common (perhaps more common in Aus/NZ, the UK and the EU than in the US?). They're a common feature of mobile phone contracts, internet contracts, et cetera.
Edit: I see this question has been given excellent treatment here: http://news.ycombinator.com/item?id=3001086 http://news.ycombinator.com/item?id=3001086
- tnorthcutt 15y agoBinding arbitration clauses are quite common in the US, as well.