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Luuk Jacobs

No longer keeping it behind closed doors

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Luuk Jacobs

Interesting posted article from @Andy Milner. Arbitration, has its advantage compared with litigating in court; speed: a decision is reached, on average, a year before one is made in court. Instead of complicated legal procedures, the parties involved call in a neutral third person, often an expert in the industry. The arbitrator listens to the evidence and makes a decision, which is binding in most cases. It is the last part, it is binding, that in my view makes it arbitral. Yes internal arbitration should be the first route and most likely would in a European/UK setting resolve the majority of cases (not necessarily in the US with "no cure no pay"). It should however not block an individual from going to court as long as in the first instance a (internal) arbitration process had been undertaken. If court proceedings are blocked broader misbehaviour could remain under wraps. Even if Google has been forthcoming with its statistics on how many staff members have been fired, it however does not mention how many cases were brought to internal arbitrage and not even to talk about the consequences for those who lost their arbitrage. The combined figures would be a better indicator of a potential problem.

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