56. The problem of the recidivist effects of mandatory arbitration was first addressed in a series of studies by Lisa Blomgrem Amsler (formerly Bingham), for example. B Lisa B. Bingham, “Employ repeat player Effect,” Employeee Rights and Employement Policy Journal 1 (1) (1): 1-38 (1997); Lisa B. Bingham, “On Repeat Players, Adhesive Contracts, and the Use of Statistics in Judicial Review of Employment Arbitration Awards.” McGeorge Law Review 29 (2): 223-259 (1998). This may be the case, for example. B, where the employer has exclusive control over the reserve from which the arbitrator was chosen. Limitation of remediesTest: if the limitation of the remedies in question infringes the rights protected by law. For example, an arbitration agreement that did not see for the award of legal fees to a successful title VII candidate was not enforceable because “the right to legal fees . . . .
is of crucial importance to the ability of individuals to seek redress in the event of a violation of Title VII”; Perez v. Globe Airport Sec. Servs., Inc., 253 F.3d 1280, 1286 (11. cir. 2001) (“Federal rights are only relevant if an arbitration procedure may perform the same remediation and deterrence functions as litigation and an agreement limiting the available remedies cannot adequately serve these functions.”) (Referring to Paladino v. Avnet Computer Techs., Inc., 134 F.3d 1054, 1061-62 (11. Cir. 1998)The arbitration agreement does not allow the arbitrator to “make people whole for injuries sustained by past discrimination.” However, the limitation of the number of interrogators and deposits and a one-year limitation period for the introduction of a right did not render an agreement unenforceable, at least in the specific case where the worker did not demonstrate that such restrictions would deter a significant number of workers from justifying their rights.
Another important finding of the CFPB study is that most consumers are unaware that they have binding arbitration agreements. Three-quarters of consumers surveyed in the study were unaware that their credit card agreement contained a compromise clause. Misunderstandings were also widespread. Less than 7 per cent of consumers knew they were covered by an arbitration agreement that prevented them from taking legal action. For more information on how to defeat an arbitration application, see Chapter 1 of consumer arbitration agreements for free. Procedures offer only part of the story of how arbitration works. Under the established right of arbitration, if the arbitration agreement is not used procedure, then the arbitrator has the full power to decide how the case is executed, with very limited grounds for reconsideration. Therefore, the neutrality and fairness of the arbitrator is essential to ensure fairness in arbitration.