nanog mailing list archives

Re: Question about SLAs


From: "Todd Vierling" <tv () pobox com>
Date: Sun, 11 Feb 2007 10:39:22 -0500


On 2/9/07, Steve Rubin <ser () tch org> wrote:
> Does that mean you can take them to small claims court if they don't pay
> you the agreed SLA credits?

Most contracts
 [in the U.S. today with largish to large corporations]
have an arbitration clause

...though they shouldn't.  Arbitration isn't, as far as I know, one of
the official branches of government.  I always find it rather contrary
to logic that a contract, which is governed by the U.S. court system,
can be written not to be covered by the U.S. court system.  What an
amazing loophole for corporate legal that is.

(ObExperience:  Every *forced* arbitration decision out of the 200+
I've researched has been in favor of the original contract writer --
the service provider and not its customer.  The only arbitration
settlements I've seen go the other way were only voluntarily moved to
arbitration; one pretty major such settlement was made into a movie
about a large energy company....)

--
-- Todd Vierling <tv () duh org> <tv () pobox com> <todd () vierling name>


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