Question

Peter, who works at a go-kart manufacturing company, Parts for Karts Co., became aware after talking with co-workers that he was being paid substantially less than workers with the same experience and level of seniority. After noticing this, he decided to pursue a lawsuit against Parts for Karts Co. for wage discrimination. However, when Peter was hired, he had signed a binding arbitration clause in his work contract. When Parts for Karts moved to compel arbitration, a state court granted its motion. During arbitration, the arbitrator decided that Parts for Karts had not discriminated against Peter, and that Peter should pay for any lawyer fees that Parts for Karts had incurred.

But what if the facts in this case changed? For each fact change below, select whether you would agree that the fact change would affect the result of the arbitration agreement.
Check All That Apply
A. Peter requests that mediation be pursued in lieu of arbitration. But Parts for Karts desires only arbitration, and will not tolerate mediation. Peter requests that mediation be pursued in lieu of arbitration. But Parts for Karts desires only arbitration, and will not tolerate mediation.
B. The arbitrator displayed bias and exceeded her authority. The arbitrator displayed bias and exceeded her authority.
C. Peter is discontent with the decision of the arbitrator and decides to appeal to a district court. Peter is discontent with the decision of the arbitrator and decides to appeal to a district court.
D. Instead of signing a binding arbitration clause in the original work contract, Peter and his contractor commit to a Submission Agreement.

Answer 1

I believe the only fact change that can affect the result is only option B. he arbitrator displayed bias and exceeded her authority.

But I will help you analyze each option one By one.

Step-by-step explanation:

A .Peter requests that mediation be pursued in lieu of arbitration. But Parts for Karts desires only arbitration, and will not tolerate mediation.

This will not affect the result

Mediation is imitated if both parties involved had the intention to settle the dispute outside the court and end the case together. Mediation cannot be forced.

So if Peter is the only one that request it but Karts rejected it, there is nothing that peter can do about it.

C. Peter is discontent with the decision of the arbitrator and decides to appeal to a district court.

This will not affect the result

Peter could appeal to a district court, but his chance of winning in that court wouldn't be higher compared to the previous court unless he is able to gather new evidence that supported his case.

D. Instead of signing a binding arbitration clause in the original work contract, Peter and his contractor commit to a Submission Agreement.

This will not affect the result

Submission Agreement can only be made after the conflict occurs, it cannot be made before the conflict like a binding arbitration clause.

B. The arbitrator displayed bias and exceeded her authority.

This can affect the result

Arbitrator should act as the third neutral party between Peter and Parts for Karts Co. If peter can prove that the arbitrator displayed bias, it will be a direct violation of the Arbitration and Conciliation (Amendment) Act, 2015. This will make Peter able to win the case.