NYT: Binding Arbitration For Thee, But Not For Me

The Grey Lady Is Deeply Conflicted About Your Right to Sue It.

Cory Doctorow
11 min readJan 7, 2023

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JasonParis, CC BY 2.0, modified

If you’re in the habit of reading the fine print on the contracts and terms and conditions you sign or click “I Agree” to, you’ll have noticed the phrase “binding arbitration” buried in the text. This sounds like just another boring bit of legalese, but it is unbelievably important — and dangerous.

What is binding arbitration? It’s when you sign away your right to sue someone who has injured you — no matter how gravely — and instead take your case to an “arbitrator.”

Arbitrators are fake judges that corporations hire to determine whether they should bear any responsibility for their misdeeds, whether that’s stealing their employees’ wages or defrauding their customers. Even if you’ve been maimed or murdered by a corporation, the arbitrator gets to decide whether the company that is paying their wages should be held to account for its role in your misery.

It will not surprise you to learn that arbitrators are far more likely to find in favor of the company that pays their bills than they are to find for the people that company has injured. And even if you can wring a judgment out of an arbitrator, the outcome is often confidential, meaning that you can’t tell other people who’ve…

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