Re: Arbitration ?

Posted by Drew (24.59.27.46) on February 04, 2004 at 12:47:00:

In Reply to: Re: Arbitration ? posted by Leafs Fan on February 04, 2004 at 02:51:02:

No,no, no Leaf you got it all wrong here. Arbitration agreements themselves are not wrong when it specifically states arbitration. It can be the first step. HOwever where contracts go wrong is that they use the words BINDING ARBITRATION which prevents any appeal process. In BINDING ARBITRATION, neither party can excercise an appeal process because there is no forum in arbitration to appeal to. If it is just an arbitration clause without the word binding in front of it, you can appeal an arbitrators decision throught the courts. However the words BINDING ARBITRATION rules completely out the courts process.

MBNA and certain credit card companies are now putting in BINDING ARBITRATION clauses in their contracts. Those are unconscionable and violate our due process.

Arbitration agreements can only be binding if it does not violate the due process of the participations and does not rule out any options for appealing decisions.

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