News for hackers. Stuff that matters.
Re:Apple stole $100s from me, Customer Service says there's ... by rationalist on Wednesday August 02, 2023 @05:37PM (#36977950)
Wouldn't the company still need to show up and tell the judge that there is an arbitration clause?

Additionally (I am not a lawyer) arbitration does not override any court or have any authority unless authorized by a court. If a party does not cooperate with the arbitration, the other party still has to go to court to convince a judge that the arbitration was good and get the judge to enter a judgement against the noncompliant party.

Re:Apple stole $100s from me, Customer Service says there's ... by siegel on Thursday August 03, 2023 @07:53PM (#36993669)
If the consumer sues in small claims court, then the company would need to petition the court to compel arbitration. Large companies (like Apple) sometimes expend what would seem like irrational amounts of money on lawyers to make a statement. So, I wouldn't assume that they would balk at petitioning to compel arbitration.

In terms of the arbitration itself, it is very hard in the US to get an arbitration award overturned. So, wouldn't bank on that.