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Re:I gave Amazon a key to my house and regretted it by Latty on Thursday December 07, 2017 @04:38PM (#15874553)
Nothing preventing them? How many companies will hire the arbitrator that is pro-consumer?

There are obvious incentives for the arbitrators to favour the people paying them - individuals are not going to be doing a lot of business with them, companies are.

Re:I gave Amazon a key to my house and regretted it by megy on Thursday December 07, 2017 @05:48PM (#15875119)
> Nothing preventing them? How many companies will hire the arbitrator that is pro-consumer?

He says exactly that in his comment. There is no law stopping them from doing it.

Re:I gave Amazon a key to my house and regretted it by Latty on Thursday December 07, 2017 @07:23PM (#15875635)
You are right, on re-reading the intent is clear.

In my haste, I read that as "there is nothing stopping them from being pro-consumer, so there is no reason to assume that the judgements favour the businesses" for some reason.

Re:I gave Amazon a key to my house and regretted it by bzbarsky on Friday December 08, 2017 @11:25AM (#15879800)
There _are_ ways to set up arbitration to be reasonably neutral if that's a goal.

One contract along those lines that I saw basically goes like this: each party picks its own arbitrator (presumably biased toward that party, whatever). Then those two arbitrators together select a third arbitrator, who will actually arbitrate the dispute.

Of course that's not what binding arbitration clauses look like, at all.

Re:I gave Amazon a key to my house and regretted it by candiodari on Friday December 08, 2017 @11:47AM (#15879988)
Note that arbitration clauses obviously do not sign away your right to sue, they just force you to put in a decent effort to go through arbitration first.
Re:I gave Amazon a key to my house and regretted it by BurningFrog on Thursday December 07, 2017 @10:11PM (#15876403)
> How many companies will hire the arbitrator that is pro-consumer?

Are the arbiters really hired by the company?

Re:I gave Amazon a key to my house and regretted it by cosmie on Thursday December 07, 2017 @10:35PM (#15876495)
Generally, the company lists specific approved third party arbitration administrators as part of the arbitration clause, and that administrator is in charge of picking a specific arbitrator for a case. There’s only a handful of large arbitration associations and one of those is usually picked for most contracts. If you piss a business Off too much, they’ll remove you as an approved administrator and that can hurt. A lot. So you can’t be too pro-consumer. But also, if you show provable bias, the arbitration can be thrown out. So it’s really a fine line around callous indifference that leans towards the business, rather than outright anti-consumer.

As for the hiring part - the business pays most of the arbitration fees, but the consumer is on the hook for a nominal amount plus any attorney fees and potentially extra costs like expert testimony.

Re:I gave Amazon a key to my house and regretted it by BurningFrog on Saturday December 09, 2017 @02:19PM (#15887501)
Yeah... I can see how third party arbitration can work well between corporations that each have a legal department making sure a reasonable arbiter is picked, but I'm much less hopeful about whenever a single consumer randomly ends up in this situation.
Re:I gave Amazon a key to my house and regretted it by intended on Thursday December 07, 2017 @11:10PM (#15876620)
So basically the credit rating agencies scenario all over again.