3 ms·
By the way it’s basically never true that you have to start with arbitration. You can pretty much always just sue them in a regular local court. As a general ru
by CPLX 4y ago
By the way it’s basically never true that you have to start with arbitration. You can pretty much always just sue them in a regular local court. As a general rule courts are general jurisdiction venues that can hear all controversies.
Then they would have to affirmatively file a “motion to compel arbitration” in which they appear in court and argue that the contract mandates it.
Typically they’d win that motion but then you’d just start arbitration. Since that requires them to show up with a lawyer by that point you’d probably be able to just negotiate then. And if they fail to ask for arbitration in a timely way the case may proceed.
- thathndude 4y agoIn this case, OP almost definitely could have sued In court, and the company couldn’t stop them. AAA arbitration has a rule that says if your claim can be filed in small claims court (typically 5k or less) then you can force the company into small claims court, and they can’t force you to arbitrate.
- projektfu 4y agoThat's really good to know. It's certainly not made clear by the mandatory arbitration language.
- gambiting 4y agoFiling an actual case might be more work and not even that much cheaper. If the arbitration process is $200 and easy to file online, then that sounds preferable.