Not everyone will be interested in this as a subject for discussion, but maybe they should be. The impartial arbitrator has the final decision in matters that are subject to binding arbitration.
Since almost every contract that one may enter in to today, has a "binding arbitration" clause, it could be well to understand just what that means. Whether your visit to an on-line website, a retailer, a credit card or one of the tens of thousands of other contracts... simple or complex... binding arbitration basically disqualifies you from suing in court for damages... instead requiring that any final decision be made by an impartial arbitrator.
In effect, this usually precludes a personal suit in a regular court of law, as well as usually precluding class action suits.
So the question is, who is this impartial arbitrator? Who is it that has the legal knowledge to understand the letter of the law, while maintaining a completely open minded view of the issue under dispute.
One view:
https://globalarbitrationnews.com/the-double-requirement-that-the-arbitrator-be-independent-and-impartial-20150227/
The very recent Equifax hacking situation has brought to the fore, the"free" website to check for further hacking for one year, but... with the small print that costs that are questioned after the first year may not be 'suable'... and that any issues arising from the"contract" be subject to binding arbitration.
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I have tried to think of how I would be able to handle a case of binding arbitration, given the size of the company I might be suing, and the size of the legal department that I would be up against. Just who could this legally knowledgeable "Impartial arbitrator" be?
Who actually goes to binding arbitration? More important!!!... Who wins?
Since almost every contract that one may enter in to today, has a "binding arbitration" clause, it could be well to understand just what that means. Whether your visit to an on-line website, a retailer, a credit card or one of the tens of thousands of other contracts... simple or complex... binding arbitration basically disqualifies you from suing in court for damages... instead requiring that any final decision be made by an impartial arbitrator.
In effect, this usually precludes a personal suit in a regular court of law, as well as usually precluding class action suits.
So the question is, who is this impartial arbitrator? Who is it that has the legal knowledge to understand the letter of the law, while maintaining a completely open minded view of the issue under dispute.
One view:
https://globalarbitrationnews.com/the-double-requirement-that-the-arbitrator-be-independent-and-impartial-20150227/
The very recent Equifax hacking situation has brought to the fore, the"free" website to check for further hacking for one year, but... with the small print that costs that are questioned after the first year may not be 'suable'... and that any issues arising from the"contract" be subject to binding arbitration.
''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''
I have tried to think of how I would be able to handle a case of binding arbitration, given the size of the company I might be suing, and the size of the legal department that I would be up against. Just who could this legally knowledgeable "Impartial arbitrator" be?
Who actually goes to binding arbitration? More important!!!... Who wins?
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