Here is a post by Bluegrass Business Law blog discussing enforceability of arbitration agreements. What the blogger fails to point out is that in the case discussed, Paul Miller Ford’s arbitration agreement calls for the Better Business Bureau to handle the arbitration. Interesting, Paul Miller Ford is a member of the BBB.
Now skeptics and naysayers would see an innate conflict in the BBB handling the arbitration of a dues paying business. Some would see a conspiracy or at least the implication that the BBB would favor their dues paying member over the customer with no ties to their agency. These cynics might cite to the overwhelming popularity of arbitration among businesses to suggest that arbitration tends to favor the businesses. It is this very cynicism that thwarts the capitalistic dreams of America and keeps these businesses struggling to make a dime. It’s downright unpatriotic! Forget arbitration clauses, the Federal government should just outlaw legal suits against businesses. While they are at it, they should just stop taxing businesses too – why should the oil industry be the only one with sweeping exemptions. But, I digress.