An asymmetrical arbitration agreement refers to a clause in a legal contract that stipulates that if a dispute arises, one party has the right to choose the arbitrator. This means that the other party has no say in the selection of the arbitrator, which can potentially lead to bias or favoritism.
One of the main advantages of an arbitration agreement is that it allows parties to resolve disputes out of court. This can save time and money, and avoid the publicity and emotional turmoil of a court trial. Arbitration also tends to be more flexible and less formal than court proceedings, which can make it easier to arrive at a mutually agreeable solution.
However, an asymmetrical arbitration agreement can undermine the benefits of arbitration by giving one party an unfair advantage. For example, if the party choosing the arbitrator has a close relationship or financial interest with that particular arbitrator, they may be more likely to receive a favorable decision.
Moreover, the party without the option to choose the arbitrator may feel that their rights have been compromised, and may be less inclined to cooperate or accept the outcome of the arbitration process. This can lead to further disputes and potentially expensive and time-consuming appeals.
To avoid the negative consequences of an asymmetrical arbitration agreement, it is important to have a fair and balanced clause in the contract. This means that both parties should have a say in the selection of the arbitrator and that the arbitrator should be impartial and independent.
In addition, it is crucial to consider the possible implications of the arbitration clause before signing a contract. It is advisable to seek legal advice and carefully review the terms of the agreement to ensure that your rights and interests are protected.
In summary, an asymmetrical arbitration agreement can be a double-edged sword. While it can provide a convenient and efficient way to resolve disputes, it can also lead to unfair or biased decisions and undermine the integrity of the arbitration process. By carefully considering the terms of the agreement and ensuring that it is fair and balanced, both parties can benefit from the advantages of arbitration while avoiding its potential pitfalls.