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I'm quite ignorant of American arbitration laws, but don't these boards issue default judgements if one side refuses to participate? Also, does anyone have any
by HappySweeney 3y ago
I'm quite ignorant of American arbitration laws, but don't these boards issue default judgements if one side refuses to participate?
Also, does anyone have any realistic numbers on how much losing would cost Twitter?
- sidewndr46 3y agoArbitration isn't free. Someone has to pay for it. If the company won't pay for it, they aren't going to process a claim. At this point it is kind of moot because if Twitter won't pay the fee, they obviously won't pay the judgement issued against them.
- sschueller 3y agoThen the executives and board members should face jail time and the company should be forced into bankruptcy. Otherwise what prevents other companies from paying any of their obligations? This isn't the wild west, this needs to stop and right now.
- deleted 3y ago[deleted]
- sidewndr46 3y agoNothing honestly. You can take a number in the bankruptcy proceeding and find out with the rest of the claimants that there is not enough money to pay claims.
- sschueller 3y agoIf there are no longer any repercussions then I would downgrade the Unites States as a place where one should invest. Theses kinds of shenanigans is what you have in developing nations and is the reason they face such high interest rates and reluctance from foreign investments.
- sidewndr46 3y agoTesla, Apple, & Amazon and other huge companies are serial union busters. The NLRB gives them a stern finger shake each time. There are no consequences for treating your labor source poorly in the US
- JohnFen 3y agoBut doesn't that release the employee from the arbitration clause, so then then employee can sue Twitter in a real court?
- lesuorac 3y agoHopefully the courts in the future add some punitive punishment to twitter. Previously Twitter went to court to dismiss a class action and force everybody to individually arbitrate and now that they had it dismissed they've decided to not arbitrate. Big waste of time and money that should be discouraged.
- sidewndr46 3y agoNo, the employee signed an arbitration clause. They can't just pull a get out of jail free card.
- kalleboo 3y agoThe employer also signed an arbitration clause. They're the one breaking contract by refusing to pay for the arbitration they signed up to pay.
- sidewndr46 3y agoSure, except the employer has legal counsel on retainer. You and I don't.
- ryandetzel 3y agoThe lawyers are fronting the fees if Twitter won't which indicates they feel it's a pretty solid case IMHO.
- HappySweeney 3y agoMandating arbitration and then refusing to participate in order to relieve yourself of financial obligations is obviously not socially sustainable, even if it's just to generate settlement leverage.
- anotherman554 3y agoPresumably the arbitration judgement against them can be enforced in plain old ordinary court.
- jbottoms 3y agoThis was featured in an issue of Harvard Negotiation Law Review a while back. It states that (paraphrasing) that "If a party is concerned that they will suffer due to arbitration, then it can fail to pay the arbitrator. Tben the arbitrartor will report to the judge that the arbitration failed, and the judge will declare a mustrial." Note that the judge is not privy to the arbitration. Arbitration is agreed to by the parties, and then the judge orders ths parties into arbitration. IANAL
- mrguyorama 3y agoArbitration is done by private companies. They don't work for free. Also, they are arguably employed by twitter. Default judgement against twitter would just lose them that client.
- 3cats-in-a-coat 3y agoBut does it matter, if this client is clearly not paying?