Question

A music company wants to place the following provisions in its binding arbitration for all of the employees it hires. Which provision(s) may be unenforceable or unconscionable?

        I. All situations arising must be handled through arbitration and not litigation.
       II. A three-person panel of arbitrators will be used to settle the dispute. Each party picks one arbitrator, and the two arbitrators subsequently pick the third.
      III. Only the employee complaining about a dispute shall provide list of all fact witnesses and a brief summary of the facts known to each. The company does not share this responsibility.
      IV. The decision of the arbitrator is legally binding.

• I, II, III, and IV.

• II, III, and IV.

• III only.

• II and III.

• None of these.

Answer 1

Question: A music company wants to place the following provisions in its binding arbitration for all of the employees it hires. Which provision(s) may be unenforceable or unconscionable?

Answer: III only.

III. Only the employee complaining about a dispute shall provide list of all fact witnesses and a brief summary of the facts known to each. The company does not share this responsibility.

Snippets: The arbitration is one sided and hence only one side is being perceived. And the following is unenforceable, only the employee complaining about a dispute shall provide list of all fact witnesses and a brief summary of the facts known to each. The company does not share this responsibility.