[94813] in North American Network Operators' Group
Re: Question about SLAs
daemon@ATHENA.MIT.EDU (Todd Vierling)
Sun Feb 11 10:40:27 2007
Date: Sun, 11 Feb 2007 10:39:22 -0500
From: "Todd Vierling" <tv@pobox.com>
To: "Steve Rubin" <ser@tch.org>
Cc: nanog@merit.edu
In-Reply-To: <45CCDF6D.2060609@tch.org>
Errors-To: owner-nanog@merit.edu
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>
