Any controversy or claim arising from this contract or its violation is settled by an arbitration procedure managed by the American Arbitration Association in accordance with its commercial rules [or other] arbitration rules, and the judgment on the award rendered by the arbitrator may be entered in any court competent in this matter. With respect to the factors that courts often have to consider when it comes to determining whether an agreement is materially unacceptable, I can continue to look at this issue from data on the composition of the workforce in different sectors. Assuming that, in one sector, men and women have the same probability of being subject to mandatory conciliation, I can estimate the proportion of men and women subject to mandatory arbitration agreements using industry-by-industry breakdowns by industry, according to data from the Bureau of Labor Statistics for 2016. With this approach, I estimate that 57.6 per cent of female workers are subject to compulsory arbitration, slightly higher than the rate for the general population (56.2 per cent), and 53.5 per cent of men are subject to compulsory arbitration.13 Put alternatively, about 29.3 million women and 30.8 million male workers are subject to compulsory arbitration. Based on similar calculations, I estimate that 59.1 per cent of African-American workers (7.5 million workers) are subject to mandatory conciliation, 54.3 per cent of Hispanic workers are subject to mandatory arbitration (10.0 million workers) and 55.6 per cent of non-Hispanic white workers (38.9 million workers) are subject to mandatory arbitration. This indicates that african-American workers (57.6 per cent) and African-American workers (59.1%) are most likely to be subject to mandatory conciliation among these five groups of workers. It is important to remember that state contract law governs the application of an arbitration agreement. While arbitration agreements are generally correct, the specific laws of a state`s contracts may render a particular arbitration agreement unenforceable based on the facts of that case or contract. The issue of consideration in contract law is a good example of how it works.
An important concept in contract law is that a valid contract must be based on appropriate «reflection.» This means that for the applicability of a contract, the benefit of the contract must be negotiated, i.e. each party receives something valuable in exchange for another value. In arbitration proceedings, you give the employer an advantage by agreeing to provide future rights, so you should receive something valuable in return. For example, if an arbitration agreement is signed as part of the original employment contract, your employment can be effective — you give your rights to possible legal action in exchange for a position. However, what is a valid consideration in the context of employment varies from state to state. For example, in Baker v.