This Supreme Court Case Could Really Cost the Economy A Lot
Chief Justice John Roberts suggested expanded judicial review is appropriate in this instance, pointing to the fact that the two sides negotiated a contract with court review as one of its provisions. Justices David Souter, Ruth Bader Ginsburg and Antonin Scalia suggested Mattel might be seeking more latitude than the law allows for parties to negotiate expanded judicial review in arbitration cases. The American Arbitration Association says a cornerstone principle of federal law is that arbitrators' awards are final and binding. If parties to a dispute are allowed to engage in expanded judicial review, arbitration will become a prelude to lawsuits instead of a substitute, the association said in court papers. . . . .
But this takes the cake:
As Roberts points out, if the companies wanted the option to go to court, they can put that in the arbitrarion agreement. You would need to have some explanation for why companies can't figure out what is in there interest (supposedly though this wouldn't then apply to the wireless industry). Even opening up this question up will raise the risks of using arbitration agreements.