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Comment by Sangermaine | Hacker News Reader

In the future consider a fee-shifting provision in your contracts (meaning loser pays legal costs). If your case was as clear-cut as you say, it would have enabled you to fight it. It might also have dissuaded your partner from trying to do this to you if they knew they were in the wrong and would have had to pay the costs.

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Binding arbitration is a real, real smart move if you don't plan to fuck anybody.

Binding arbitration is also the safest way to screw people since arbiters tend to be far more easy to corrupt and there has been a long history of harmful rulings in the space in the US. The problem is the side with power gets to pick the list of arbiters and the arbiters know this and act accordingly. The times broke a story on some of this covering some of the worst rulings and issues a while back.

Could you not agree specific arbitration up front or a legal firm who should appoint an arbitrator on your behalf?

If you were wise enough.

Arbitration is a complex question, but a separate one. I was responding to the parent's concerns about costs. A fee-shifting provision can also be used in arbitration if the parties desire.

It's a pretty decent way out of the whole "I'm rich, and I will destroy you with lawyer bills irrespective of the right or wrong of the situation" loophole. Any time you spin the wheel of fortune, bad things can and often do happen, but for these sorts of flagrant violations, where you're an honest dealer and they're not, it's probably the least worst scenario. I know whereof I speak here, but obviously can't share details.

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