Doesn’t Matter Who Wins the K Race; We’re All the Same

[sebastian_dangerfield]

Originally Posted by Greedy,Greedy,Greedy

Did you all see the Leo Strine paper? https://corpgov.law.harvard.edu/2019...le-capitalism/

That’s a mouthful, but well done. Strine is the man, of course, so that’s expected.

But re arbitration, can’t we just require it be explicitly bargained for? Say in a credit agreement, offer two rates. One for agreeing to arbitrate. Another higher rate for refusing to do so. Or in a brokerage contract, fees of XX for trades with agreement to arbitrate, fees of XXX for refusing to agree to arbitrate.

I’ve always wondered how arb clauses survive an argument of lack of consideration based solely on language in the agreement stating consideration for everything in the agreement is acknowledged.