Hannah Carroll considers the use of exclusive arbitration agreements in workplace disputes
- Forced arbitration clauses.
- Whether or not such agreements should be prevented in respect of some or all types of dispute.
Earlier this month an estimated 1,500 Google employees walked out of their offices in a collective protest sparked by the company’s alleged mishandling of sexual misconduct claims. One of the key issues on which protesters focused was the use of ‘forced arbitration’ in harassment and discrimination cases. Forced Arbitration refers to the practice of businesses entering into agreements with their workers which prevent the initiation of court proceedings in respect of certain workplace disputes.
It is often said that the foundation of arbitration as a dispute resolution procedure is the notion of respect for individual autonomy in resolving disputes. In general, parties are free to agree that any disputes that arise between them are resolved finally before an independent arbitral tribunal. Part 1 of the Arbitration Act 1996 (AA 1996) requires that an arbitration agreement is evidenced in writing but does not require the agreement to be signed
