Another concern, often raised with respect to binding arbitration procedures, is that it has become a growing concern, especially in recent times, that the trial may be weighted in favour of the companies responsible for hiring an arbitrator. We discussed this particular disadvantage earlier in the mail, but objectivity is still a concern in arbitration proceedings. In addition to the predominance of arbitration clauses, the advantage that companies are most likely to have over consumers is that they have much more experience in arbitration than consumers. On the other hand, the average consumer will probably never have filed a complaint, while companies have a much better idea of arbitrators who are more pro-sector, so consumers have no idea what to expect. The new clause stipulates that all disputes between consumers and Chase must be resolved through binding arbitration. As a result, customers would be prohibited from suing the business and the matter should instead be brought before a private arbitrator. The clause also prevents individuals from bringing a class action or bringing similar actions. It should be noted that, although the cost of conciliation in addition to the frequency with which arbitrator services are called today, a known arbitrator has increased, says Nolo, will cost about a few thousand dollars a day. While this may seem costly on the surface, it is still much cheaper than the cost, for example, of a group action that has been dragging on for years. A new section entitled “Arbitration Agreement” is added as follows at the end of the agreement (after the section entitled Your Billing Rights): An important distinction is that if the arbitration is “binding”, the arbitrator`s decision is the last word in this matter and can be applied by a court if necessary.
When we arrived in Chase, a spokesperson explained that the company was one of the last card issuers to resume arbitration, since other credit card companies have already entered into their agreements. In fact, from 2013 to 2016, the share of large banks with arbitration clauses increased from 59% to 72%, according to a report by Pew Charitable Trusts. But in this rare situation in which we find ourselves, Chase cardholders are presented with another choice. Should you, therefore, given the option, not be subject to binding arbitration? If cardholders do not reject the mandatory arbitration clause within the time limit, they cannot participate in class actions and must have their dispute resolved by an arbitrator.