Some time ago, I wrote a blog post about contracts that include
arbitration clauses that make it a practical impossibility for a
complainant to assert his or her rights. For example, when the
arbitration clause specifies that the arbitration will take place
in some far away country.
In consumer contracts, such clauses are often included in the
vendor's terms and conditions. While I have never done a
survey, I am fairly confident in saying that the vast majority of
consumers never read a vendor's terms and conditions, even
though they are available to be read. Most consumers simply click
on the box that confirms that they are prepared to proceed with the
transaction under those terms and conditions without a second
thought. If those terms include an arbitration clause, which in
turn provides for something that makes it a practical impossibility
for the consumer to press forward with a complaint, the consumer
will be left without a remedy unless the Court can be
