Mandatory arbitration clauses should be illegal. There is absolutely nothing equitable about them, especially in the case of a consumer or employee vs a huge company or business. And I'm not even talking about the probable partiality of the arbitration firms to the companies. The way the law stands, the company can simply ignore any and all demands for arbitration and face NO legal repercussions for doing so. Your only recourse is to go to court and get it voided for breach of contract. But that's another giant legal hurdle to have done, and once you do that you are JUST THEN at square one again to be able to sue them. Mandatory arbitration is at best a way for companies to weasel out of large settlements, and at worst a complete obstruction of justice.
I wish that it was unconsitutional to arbitrate. It's literally a clause people will throw down because they are cowards and want to control you if "something happens". I usually read what I sign, and if I see a clause like that, I ask about it. Going to court is my legal right and I don't want to voluntarily sign that away, even if I didn't see the clause before signing. Which is the biggest issue. Arbitration clauses should be clear and be able to be recognized.
Thanks for commenting. In some states, arbitration clauses must be especially clear and prominent so people are aware of the clauses. You raise an important concern.
The lesson here is don't sign anything unless you read it, comprehend it and agree to the terms set forth within it. I'm fairly certain that neither party can be forced into arbitration unless all parties agree prior to a dispute. A preexisting agreement should be in place.
A number of business entities include mandatory arbitration clauses. One area of concern is when these clauses are included in employment agreements and can prevent employees from litigating claims of harassment in court. Recently a number of law students began pressuring law firms to remove mandatory arbitration clauses in employment contracts. You can read more about it here: abovethelaw.com/2018/11/law-school-students-stand-up-to-biglaw-firm-win/
I’m going through an arbitration issue now with Bank of America that happened 15 years ago even though the bank stopped doing this years ago is it a way around this?
What about an arbitration clause in a trust (or will) contest? Usually the beneficiaries haven't "signed" anything. Very confusing to the layperson .......
What if you are part of a Union, and the Union opens a case and sends it to arbitration without you signing anything. If the case is lost, can you still file a separate lawsuit?
Mandatory arbitration clauses should be illegal. There is absolutely nothing equitable about them, especially in the case of a consumer or employee vs a huge company or business. And I'm not even talking about the probable partiality of the arbitration firms to the companies. The way the law stands, the company can simply ignore any and all demands for arbitration and face NO legal repercussions for doing so. Your only recourse is to go to court and get it voided for breach of contract. But that's another giant legal hurdle to have done, and once you do that you are JUST THEN at square one again to be able to sue them. Mandatory arbitration is at best a way for companies to weasel out of large settlements, and at worst a complete obstruction of justice.
I wish that it was unconsitutional to arbitrate. It's literally a clause people will throw down because they are cowards and want to control you if "something happens". I usually read what I sign, and if I see a clause like that, I ask about it. Going to court is my legal right and I don't want to voluntarily sign that away, even if I didn't see the clause before signing. Which is the biggest issue. Arbitration clauses should be clear and be able to be recognized.
Thanks for commenting. In some states, arbitration clauses must be especially clear and prominent so people are aware of the clauses. You raise an important concern.
The lesson here is don't sign anything unless you read it, comprehend it and agree to the terms set forth within it. I'm fairly certain that neither party can be forced into arbitration unless all parties agree prior to a dispute. A preexisting agreement should be in place.
This is one of the reasons AirBnb can’t be sued.
A number of business entities include mandatory arbitration clauses. One area of concern is when these clauses are included in employment agreements and can prevent employees from litigating claims of harassment in court. Recently a number of law students began pressuring law firms to remove mandatory arbitration clauses in employment contracts. You can read more about it here: abovethelaw.com/2018/11/law-school-students-stand-up-to-biglaw-firm-win/
I’m going through an arbitration issue now with Bank of America that happened 15 years ago even though the bank stopped doing this years ago is it a way around this?
What about an arbitration clause in a trust (or will) contest? Usually the beneficiaries haven't "signed"
anything. Very confusing to the layperson .......
Can you do a video explaining writ of mandamus?
Sure. It might take some time before it goes up. If you have a specific question for now, please let me know.
czcams.com/video/iq_n5e9b2R0/video.html
What if you are part of a Union, and the Union opens a case and sends it to arbitration without you signing anything. If the case is lost, can you still file a separate lawsuit?
Hi, SG. I can't comment on specific cases. You would need to contact a lawyer in your jurisdiction.
Thanks :)
Tq sir
You're welcome.
Now Amtrak is trying to pass a arbitration bill to protect them lawsuits, come on!!
Who's here because of LG?
Mmmmmmmmmmmmmmmm be