Dracca Case Study

Dracca Case Study

Arbitration is said to be resolving of a dispute amidst two parties by reaching an impartial decision. Arbitration is said to be a common means of resolving a dispute when it comes to the civil evidence and procedure which are said to be required in legal system (Bennett, 2002). Arbitration is not expensive and can be availed by two or more entities at the time of dispute. There are many variations when it comes to the Arbitration such as whether the reward is non-binding or binding or the fact that whether the party has all the rights to make an appeal for the arbitration award. There can also be an appeal when it comes to how the arbitrator is filtered and shortlisted and who makes the payment for arbitration and the kind of information that should be exchanged.

Answer-1

There has been forced arbitration utilized by corporations as well as companies. Companies and corporations ensure the fact that there is a clause of forced arbitration in most of their contracts specifically when it comes to companies like the cell phone company or the agreements of credit card. These clauses tend to benefit the company over of the consumer when it comes to a suit being filed by the consumer. The consumer, no matter how intensely has undergone the harm, is unable to legally bind the company in a lawsuit. Even if the consumer is not willing to have an arbitration session with the arbitrator, the consumer still has no choice considering the fact that this is the only way via which the conflict can be resolved (Rubino-Sammartano, 2001). An apt example of it is the AT&T Mobility LLC v. Concepcion whereby the Supreme Court had an extension of the reach of FAA act by implementing the upholding of clauses via forced arbitration (Lapin, 2013).

Answer-2

When it comes to the two Spanish speaking countries, it by all means is incapable of invalidating the arbitration clause considering the fact that the clause has been established by the company in the contract, and consumers regardless of the country they are from or the language that they speak, they are bound to follow the law and are bound to undergo arbitration when it comes to resolving the dispute.

When it comes to the court, the legal consideration that the court will entertain is equivalent to the legal consideration that the court must have when it ...