Comment: You are misconstruing my commentary

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You are misconstruing my commentary

and perhaps are doing it willfully. But anyway -

I have no issue with binding arbitrations. They have good and bad points. You need to know what they are. They are not a panacea or a cure all.

And, what I said about having to convert an arbitration award to a judgment in the correct jurisdiction is absolutely correct.

Your "analysis" of what would happen in a contract case, in a court or in an arbitration is not only speculative, but flawed. In any arbitration, the parties must agree on which jurisdiction's law is applied. The rules of procedure are applied as well. In an arbitration proceeding, one can therefore argue the same legal points as they would argue in Court. Stated alternatively, there is nothing about an arbitration proceeding that would prevent one from making an argument that they would make in a court of law of that same jurisdiction.

And if you are somehow advocating a legal system where rules of law are not applied, consider this. One of the reasons why historians and economists and legal scholars believe that western civilization has advanced is due to the rule of law. One aspect of its rule of law that has helped it advance is that caselaw (i.e., common law) can get very specific, which allows competitors in the market a (relatively) high degree of predictability over the outcome. Not perfect predictability, but as compared to a purely code-based civil law system or a corrupt graft-laden system, quite a bit better.

As for what I would "surely" argue in Court, I would argue whatever I think is in my client's best interest, without either misstating the facts or the law, and within ethical bounds. I am sure you will find that a very flawed response. Any institution or system is flawed, as is or whatever it is called. I hate to always have to talk about reality here, but there it is!

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein