[Gnso-igo-ingo-crp] Article on Forced Arbitration and Bias

[Paul Keating]

Yes,

The issue is that it presents an opportunity for abuse - just the way that
NAF abused its position of arbitration in credit card disputes - to such
an extent that the DA forced them to surrender their license and abandon
the business.  The only reason that NAF did not also lose its ability to
serve as an ADR for UDRP was that they falsely claimed that ICANN acted in
a supervisory role such that they could not abuse the UDRP system.

So no, arbitration is not the golden child of dispute resolution systems.

PRK

On 6/9/17, 3:20 PM, "George Kirikos" <gnso-igo-ingo-crp-bounces at icann.org
on behalf of icann at leap.com> wrote:

>Hi folks,
>
>There was a timely article re: forced arbitration today that documents
>the biases inherent in such systems:
>
>https://politics.slashdot.org/story/17/06/09/0033255/att-uses-forced-arbit
>ration-to-overcharge-customers-senators-say
>
>"Forced arbitration provisions in telecommunications contracts erode
>Americans' ability to seek justice in the courts by forcing them into
>a privatized system that is inherently biased in favor of providers
>and which offers virtually no way to challenge a biased outcome,"
>
>This article speaks to the inherent flaws in the position of those
>advocating Option 2 in our discussions.
>
>Sincerely,
>
>George Kirikos
>416-588-0269
>http://www.leap.com/
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