Supreme Court of Canada to rule on the enforceability of arbitration clauses

Originally published at: https://boingboing.net/2019/05/28/unconsionable-adhesion.html

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What appears to be intended to be a link to the original article elsewhere (which I wouldn’t mind taking a look at) actually just loops back to this one.
In any case, I hope arbitration clauses get dealt a crippling blow with this. Fingers crossed.

Edit: it’s fixed now. I didn’t imagine it, honest.

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I think this is the intended link:

https://www.osler.com/en/resources/regulations/2019/supreme-court-to-hear-arguments-about-enforceability-of-arbitration-clauses

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I actually got a note taped to my new washing machine that said if I use it, I agree to binding arbitration.

A Washing machine

One came with my refrigerator too.

A refrigerator!

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Agreed.

Fun fact: In recent years, companies have been scrambling to include arbitration clauses in everything. Recently, plaintiff’s lawyers (who would otherwise be bringing class actions) have started to call the companies’ bluffs by bringing thousands of individual arbitration actions:

https://www.reuters.com/article/us-otc-arbitration/sweeping-new-arbitration-study-enterprising-plaintiffs-lawyers-adapt-idUSKCN1LS2YK

This can bite smaller companies, who included arbitration clauses because everyone else did, in the ass. It’s a live issue, currently playing out across the US.

One response, by Uber, has been to simply ignore thousands of arbitration demands.

https://www.reuters.com/article/legal-us-otc-uber/forced-into-arbitration-12500-drivers-claim-uber-wont-pay-fees-to-launch-cases-idUSKBN1O52C6
Key quote:

“Uber’s actions make clear it does not actually support arbitration; rather, it supports avoiding any method of dispute resolution, no matter the venue.”

But yeah, arbitration clauses need to be reigned in. As do adhesion contracts in general. And Uber sucks.

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