June 2009
‘Hold the Arbitration Clause, Hold the Attorney Fees!’Online Contracting — Have It Your Way?
By Stanley P. Jaskiewicz
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don’t get to negotiate each clause, generally, are consumers and small-business customers — and e-commerce buyers.
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