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Comment by gsk22 | Hacker News Reader

As someone who is very much not a lawyer -- isn't one of the major gripes about arbitration that it precludes class action suits?

Certifying a class is a lot easier than thousands of individuals going through repetitive arbitrations. And of course, there is the benefit (for the corporation) that a large percentage of people will find arbitration too burdensome.

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A major problem with arbitration is who pays for it. Usually the employer pays which means they pick the arbitrator. Arbitrators aren't stupid and know that if they rule against the employer too often the employer will hire someone else.

> Usually the employer pays which means they pick the arbitrator.

Not true at all.

I seem to recall there have been instances where courts have basically said that if the employer requires arbitration and chooses the arbitrator, they also need to be the ones paying for it, otherwise the contract is far too one-sided towards the employer.

My impression of arbitration agreements is that they have a neutral selection process. But maybe some blatantly state the company picks whatever arbitrator they want, or there is a way to be sneaky about it. Do share if that's actually the case.

Are there actual examples of cases wrongly decided by arbitration as a result of this phenomenon? Maybe they are all hidden under NDA.

So this begs the obvious question... how does one become an arbitrator? ;-)

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