Re: Dispute resolution

[calvin@inlaw.improtech.co.za (Calvin Browne)]

> Again, where does the IAHC get off trying to claim that it has the right to
> compel people to waive rights to formal legal proceedings in order to use a
> PUBLIC resource (their own words are being used here)?
> 
> Do you have to agree to binding arbitration to walk in the city park?  No.

No, but you have to agree to some other things, like maybe no littering.

> 
> Do you have to agree to binding arbitration to drive on a public road?  No.

No, but you have to agree to abide by the speed limit, keep to the
left (or right depending on the country) etc etc

> 
> Do you have to agree to binding arbitration to fly on a common-carrier
> airline?  No.

You agree not to use a cell phone on the plane and to submit to the
Captain's authority etc

> 
> Is it LEGAL to compel someone to agree to binding arbitration, waiving their
> rights to legal process, to use a resource which is being controlled by a
> monopoly (the IAHC) and for which no other reasonable alternative exists? 

I'm not so sure that it isn't. For rights, one generally takes on some
responsibilities. The 'right' to drive a car means you must abide by the
rules. The 'right' to fly on a plane entails other responsibilities
(the 'right' to smoke comes to mind). Even just being in a public park
entails responsibilities. You cannot (at least in most places I know of)
just do as you please in a public park. Some things will *definitely*
get you arrested (assuming the law is there at the time).

Everyday, we give up our 'rights' for other 'rights'. I give up my 'right'
to do as I wish with my time for the 'right' to earn a salary. I give up
my 'right' to drink to drive a car.

I think (personally, as my legal background is nill) that it is quite a
common principle for people to give up rights in exchange for other
rights.

Maybe cyberspace can insist that if people want to join it, they have to
follow rules. All societies do that.

> 
> I doubt it.
> 
> --
> -- 
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