Brower purchased a computer from Gateway 2000 through a retail outlet. The computer box contained appropriate manuals and a document titled “Standard Terms and Conditions Agreement,” which provided that the terms and conditions in the agreement would become binding if the consumer retained the computer for 30 days. Brower retained the product for more than 30 days. The Gateway agreement contained an arbitration clause mandating that any disputes arising out of the purchase be arbitrated before the International Chamber of Commerce (ICC). The ICC is situated inEurope, and its procedures require arbitration parties to pay an adva nce fee of $4,000, of which $2,000 is nonrefundable regardless of which party prevails. Brower filed suit against Gateway, alleging breach of warranty.
1. A deposition.

2. An interrogatory or a separate motion for the production of documents.

3. An interrogatory or a separate motion for the production of documents.

4. An admission.

5. An interrogatory.

6. An interrogatory or a separate motion for the production of documents.

7. A subpoena duces tecum served on Aimee’s employer for any video to be produced at the employer’s deposition.

Gateway sought to have the suit dismissed from the court and to compel ICC arbitration in accordance with the terms of the Gateway agreement. Brower argued that the arbitration clause was unenforceable because, among other reasons, the ICC rules were too burdensome on the parties and prevented them from protecting their rights.

CASE QUESTIONS

1. Were the ICC rules too burdensome on the parties, preventing them from protecting their rights?

2. How would you rewrite Gateway’s clause to be sure that it would be judged reasonable by the New York court?