“The secret nature of arbitration is one of the reasons it is so appealing to corporations. Open court proceedings can expose corporate misconduct on the public record, keep their wrongdoing secret, and avoid emboldening other customers and workers to bring legal action. Further, secrecy exacerbates the problem of repeat player bias: without a public record, it is extremely difficult to prove that a specific firm is systemically biased in favor of corporations.”

Source: Alliance for Justice. “Arbitration Activism: How the Corporate Court Helps Business Evade Our Civil Justice System.” pg. 5. 2013.

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