Question
You own the ABC bicycle manufacturing company. You entered into a written contract with the XYZ corporation to deliver 1,000 bicycle seats by a certain
You own the ABC bicycle manufacturing company.
You entered into a written contract with the XYZ corporation to deliver 1,000 bicycle seats by a certain date. The XYZ corporation failed to deliver the bicycle seats.
Because of the failure of the XYZ Corporation to deliver the seats, you were not able to deliver completed bicycles to your retailers and your company has now lost those sales!
You are upset and contemplating suing the XYZ Corporation. You review the written agreement you signed / entered into with the XYZ corporation, in addition to all of the particulars regarding the bicycle seats, date, time of delivery, etc the agreement also has a BINDING ARBITRATION clause.
You lost a good deal of money because you were unable to deliver the finished bicycles to your customers - now you would like to be compensated for your losses!
1. You would like to take this matter to court and sue the XYZ corporation for damages! Can you? DISCUSS - Not a simple Yes or No Answer!
2. Assuming you go to Arbitration and the arbitrator rules in favor of the XYZ Corporation. You feel the arbitrator did not listen to you and now you wish to file a court action and / or appeal against the XYZ corporation in court. CAN YOU? What is the legal basis, if any, allowing you to appeal an arbitrator's ruling?
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