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by _v7gu
929 days ago
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How about a "continental law" solution? Usually you can't give up rights you do not have yet, so you can't sign a binding arbitrage clause if you haven't been wronged yet. This is in addition to TOS'es being restricted heavily by laws that define the limits of general terms and conditions (generally contracts that are offered to a large amount of people) and the existence of consumer arbitration committees that make it really simple for consumers to go after firms. |
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This doesn't make sense to me.
Firstly, I take it that by "arbitrage" you mean "arbitration"; arbitrage is a kind of market trading, and "binding arbitrage clause" isn't a thing.
If we're talking about arbitration, many contracts contain binding arbitration clauses which are enforcible by either party from the outset; neither party has been wronged yet.