1. Recall that in the Brower v. Gateway case in Chapter 4 “Resolving Disputes: Litigation and Alternative Dispute Resolution Options” the court held that Gateway’s inclusion of an arbitration clause in a terms and conditions agreement was invalid because of the choice of ICC as the arbitration forum. Why is this case distinguishable?
2. Given the court’s language in this case, give an example of what types of agreements would be too one-sided to be valid.