The concessionaire usually chooses the arbitration company – «the judge». In theory, both parties agree to choose a neutral and independent arbitrator. In reality, the concessionaire designates the arbitration company in the contract. This situation may definitely affect the impartiality of the arbitrator. Studies show that whenever a company depends on another company for a significant percentage of its business life, a systematic bias can develop in favor of that company. Whatever the reason, consumers have not made much more trade-offs in the past. The second part is related: merchants can afford to pay their customers` arbitration fees in the very rare cases where the customer initiates arbitration proceedings, because these fees are ultimately a reasonable price to protect the class action. Second, an arbitration agreement won`t do you much good if your underlying business practices are contrary to the law. If the claim here – that the dealer raised the price of the car because the buyer had bad credit – is true, it`s about as fundamental as TILA`s offenses. Not all arbitration agreements in the world will help a trader whose business practices are in flagrant violation of the law.
In recent times, there have been numerous disputes regarding mandatory mandatory arbitration procedures for consumer warranty claims. Manufacturers, distributors and financial firms continue to put binding arbitration clauses in their contracts. These clauses are particularly monstrous, as they impose arbitration fees on the consumer and are rarely explained to the consumer before the contract is signed. Several courts, including Alabama (Southern Energy), have removed these clauses in violation of the Magnuson Moss Guarantee Act. A mandatory arbitration procedure severely limits your ability to resolve a dispute. Before a problem arises, lock yourself in only one option – binding arbitration – to resolve any future disputes or issues. The contract usually also mentions the arbitration company to be used. Does your dealer make these forced arbitration agreements? If so, how do you approach them? How are you ahead of her and did it cost you any deals? More and more car dealers across the country have added binding arbitration clauses to new and used vehicle contracts as well as financing contracts. By signing the contract, the consumer accepts a binding arbitration procedure to settle future disputes and also waives the right of recourse or appeal, even if the merchant has committed fraud.
It is difficult to determine the extent to which arbitration agreements harm consumers, employees and others. It is impossible, for example, to know how many disputes are not prosecuted because the aggrieved parties cannot take legal action or act in class. And no one can say how a case before an arbitral tribunal would have been decided if it had been tried instead before an open court, perhaps as a class action. This almost makes the use of arbitration agreements a breeze. «Almost», because there are some disadvantages for things. Critics say the deals deny people their day in court.