Re: Need to file an answer

Posted by Drew (24.59.27.46) on December 17, 2003 at 15:14:31:

In Reply to: Re: Need to file an answer posted by Parry on December 17, 2003 at 14:57:08:

"All arbitration shall be conducted under the auspices of a single arbitrator selected in accordance with procedures of the AAA and shall be conducted pursuant to the rules of such organization and will be governed by the Federal Arbitration Act."

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Drew: This portion does not say who selects the arbitrator. It says single arbitator selected in accordance with the procedures of the AAA. I think it will help to determine what the procedures of the AAA (I think in this case it is the American Arbitrators Association) are for selecting an arbitrator and who gets the selecting since this statement does not tell who selects the arbitrator.

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It later says: "XYZ Corp and you have chosen to resolve through arbitration with regard to payment enforcement of payment obligations.

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Drew: This sounds to me that this is a catch phrase for debt collection. And this arbitration clause also covers all bases. However there is one thing that puzzles me about this arbitration terminology and I would like to get feedback on it. This phrase bothers me the most."You agree and understand that all disputes arising under case law, statutory law (federal, state or local) and all other laws, including, but not limited to, all contract, tort and property disputes, will be subject to binding arbitration."

It bothers me in the fact that it seems to preclude the consumers right to address through court illegal procedures and I am not sure that fraud and illegal procedures can be decided by arbitration.

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