Question

Enforceability of a Binding Arbitration Clouse One type of alternate dispute arbitration which a binding arbitration clause has the potential to Read the case below and answer the questions that follow supplies, and other essential materials to individuals a l over the world for two years. Mary bought one of these defective causing a fire in her home office. She wished to sue C her home and its furnishings. However, when the contract. So, instead she must arbitrate. Some of the terms of her arbitration agreement are as follows: 1. Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties 3. The computer company has 17 regional branches. The hearing shall be conducted in the city of the regional branch office losest to the individuai's place of residence unless both parties consent to a ciferent becatin 4. The company and not any individual claimant has the right to record the arbitration or hire a reporter to record the arbitration hearings. 5. The decision of the arbitrator shall be final and binding upon all parties 6. In the event that the clauses in this contract regarding arbitration need to be changed, only the computer company can cancel the arbitration agreement or change the arbitration rules outlined herein. Do any of the provision s in the binding arbitration clause appear to be unconscionable and therefore unenforceable?

Answer 1

Three provisions in the specific arbitration are appearing to be unenforceable.

Clause No.2

Indication of that the consumer must arbitrary and Company can litigate or arbitrate is totally one sided. This one sided nature of the clause would make it unenforceable.

Clause No. 4

Opening of the case provide information regarding provision in the hooters arbitration agreement that the court found unconscionable.

Clause No. 6

This is also an unenforceable clause as it is heavily one sided directly putting away benefits from other party.