bad experience in Charles Schwab recently Message Board

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Non-Tech : bad experience in Charles Schwab recently

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To: Jim Berg who wrote (93)	9/1/1997 5:04:00 PM
From: Joseph Beltran	of 124

Jim, From the perspective of California law, I would have to disagree with the comments made by that attorney to you.. Generally speaking, California jurisdictions are inclined to uphold an arbitration provision because it removes the dispute from the civil court system (which is very, very congested) and sends it to a non-judicial forum. That being said, there are, in my opinion, several compelling legal arguments which can be made to "void" the arbitration provision altogether. For example, (generally speaking) if you can show that the contractual provision in question is a "standard" provision used in the industry and absolutely "non-negotiable" as far as the broker which you are dealing with is concerned (i.e. take it or we won't do business with you), you can take the position that you, the consumer, have absolutely no negotiating leverage/power in the matter and on that basis, the provision should not be enforced as a matter of law. I am a practicing attorney in California. I'll let you know what the court does in my case. regards

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