Thread

1. oceansky · 1790000838 · focus · HN ↗

   Good outcome, but forced arbitration should still be illegal.

   1. jedberg · 1790003776 · focus · HN ↗

      Arbitration isn't the issue. The issue is when one of the parties has vastly more legal resources than the other, and gets to pick the arbiter.

      Arbitration is fine for two equal parties when a third party neutral arbiter is chosen. I've been through that kind of arbitration and it was great.

      But when the huge company gets to pick the arbiter (or even just threaten the arbiter with taking away all their other cases), that is when you have problems.

      1. throwaway85825 · 1790007356 · focus · HN ↗

         Secret justice is not justice.

         1. jedberg · 1790007517 · focus · HN ↗

            An interesting take, never really thought about it. Why isn't it justice?

            1. throwaway85825 · 1790008585 · focus · HN ↗

               <a href="https:&#x2F;&#x2F;firstamendment.mtsu.edu&#x2F;article&#x2F;star-chamber&#x2F;" rel="nofollow">https:&#x2F;&#x2F;firstamendment.mtsu.edu&#x2F;article&#x2F;star-chamber&#x2F;

               I&#x27;m not the right person to explain English history, secret courts, and the American revolution. Suffice to say, public courts a vital check on the power of the state by way of the court of public opinion. The real final court of appeal.

               1. jcranmer · 1790009574 · focus · HN ↗

                  Where is the power of the state involved here?

                  1. throwaway85825 · 1790011280 · focus · HN ↗

                     Courts are a function of the state.

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