Hacker News new | past | comments | ask | show | jobs | submit login

In particular I have in mind issues of law. Things like whether a business should be allowed to withhold deferred compensation from an ex-employee who takes them to an arbitrator. Or whether a bonus for the previous year, already announced, is deferred compensation or future compensation, and therefore cannot be withheld after a layoff early the next year. Obviously some of these things are policy issues to be settled statutorily, but some also are exactly the sorts of issues to be settled by courts in the absence of statutory law, and some may involve invalidating unconstitutional statutes or parts of them.

Appeals of procedural matters also should be allowed, naturally. And procedural errors in ascertaining the facts of the case should cause de novo arbitration (or removal from arbitration and into a jury trial, if the arbitrators insist on making the sort of procedural errors that call their fact finding into question). Otherwise, fact-finding by arbitrators should not be subject to appeal, as allowing them to so be would greatly diminish the utility of arbitration.

Another thing to appeal would be the method of selection of arbitrators, the validity of their credentials, etc. But there should be fairly high bars to these (not sure how to construct them).




Join us for AI Startup School this June 16-17 in San Francisco!

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: