Re:Uber Can’t Force Arbitration Over Pricing Antitrust Claim
by steveeq1 on Saturday July 30, 2016 @02:02PM
(#12193963)
I don't get it, isn't the arbitrator supposed to be an unbiased third party? Whether or not he's chosen by the company should be irrelevant.
Re:Uber Can’t Force Arbitration Over Pricing Antitrust Claim
by sitharus on Saturday July 30, 2016 @02:17PM
(#12194041)
Yes, but for a someone to be truely unbiased they need to be completely independent. If there's any sort of relationship to either party they will be biased somehow.
A good approach would be the random selection of a few members of the general populace, or the use of a third party skilled in legal matters with payment guaranteed no matter what the verdict.
It's like we've seen this problem before
Re:Uber Can’t Force Arbitration Over Pricing Antitrust Claim
by eschutte2 on Saturday July 30, 2016 @05:04PM
(#12194694)
Do you think the arbitrator would like to be chosen by the company again in future?
Re:Uber Can’t Force Arbitration Over Pricing Antitrust Claim
by zyxley on Saturday July 30, 2016 @03:35PM
(#12194352)
> Whether or not he's chosen by the company should be irrelevant.
This only holds if the people at that company are morally-perfect robots who never make choices subtly biased in their own favor.
Chiefly, that the arbitrator is almost universally chosen by the company or for the benefit of the company and the customer (I object, strenuously, to being called a "consumer") almost never wins.
http://www.nytimes.com/2015/11/02/business/dealbook/in-arbit...