Synthetic Arbitration® “SynArb®”: An Alternative to Amazon Arbitration
If you have a dispute concerning your Amazon business, your options are unfortunately limited. Many of these disputes can’t be resolved with Amazon directly and result in arbitration. While arbitration does present some attractive advantages when compared to litigation, it does follow a set process that can sometimes take on a life of its own. In addition, there are fees and expenses associated with arbitration in addition to any legal fees you may incur. Sometimes you need a more forward-thinking approach that saves you time and money. If you are a seller and are locked in a complex dispute with Amazon, contact a lawyer at ESQgo® before you begin the Amazon arbitration process – we offer a unique solution for our clients.
The Problem with Amazon Arbitration
When you sign up to be a seller with Amazon, the participation agreement (Amazon’s Business Solutions Agreement) requires that you give up your right to sue Amazon over any dispute that may arise. Instead, you must agree to submit any disputes to binding arbitration governed by the American Arbitration Association.
Obviously, most sellers do not want to jump straight to arbitration. While it is less expensive and time-consuming than litigation, there are still costs and it can be an intense process. As a result, you must try to resolve your issue with Amazon’s internal seller’s department before demanding arbitration. Unfortunately, the departments responsible for resolving disputes are typically understaffed and overworked. They can be unresponsive and unpredictable. If they reach a decision, they may not provide a well-reasoned or transparent basis for their decision. Many sellers also feel that these departments are ill-equipped to handle complex disputes that require greater time and attention.
The ESQgo Solution: “SynArb®”
ESQgo®, PC founder Mario Simonyan has deep experience with Amazon – prior to founding our firm, he built and sold two, seven-figure businesses on Amazon. As a result, he knows how to navigate the dispute process and also understands the limitations that sellers face.
In looking for a way to better serve our clients, we created a unique solution that we refer to as Synthetic Arbitration® or “SynArb®” for short. SynArb® is a balance of creative problem-solving paired with aggressive advocacy. It is a proprietary process made just for clients of ESQgo®.
Rather than rely on Amazon’s internal seller departments and the arbitration process, we leveraged our knowledge of Amazon’s internal workings to open a side door. We first go to Amazon’s outside counsel with your dispute. In a firm, well-reasoned letter, we explain your dispute and the result that we expect. We inform them if we cannot get the issue resolved, we will demand arbitration.
SynArb® is faster and cheaper than arbitration and more effective in resolving complex disputes. Rather than spend a year following the arbitration process and spending thousands of dollars in fees and costs, we are able to resolve your dispute in much less time and at a fraction of the cost. Most importantly, we are able to get the result you need so that you can move your business forward.
FAQs: Synthetic Arbitration® for Seller and Vendor Disputes with Amazon
What is Arbitration?
Arbitration is a form of alternative dispute resolution (ADR) that provides parties with a binding decision without the need to go to court. In arbitration, each party presents its case to a panel of neutral arbitrators, and these arbitrators render a decision based on the arguments and evidence presented. Arbitration moves much faster and is much less costly than litigation, so it is a preferable form of dispute resolution for businesses in many cases.
What is Synthetic Arbitration®?
Synthetic Arbitration®, or SynArb®, is our proprietary method for resolving seller and vendor disputes with Amazon as quickly and cost-effectively as possible. Rather than filing for arbitration immediately, we first seek to resolve our clients’ disputes directly with Amazon’s external legal counsel. When a dispute is a good candidate for SynArb®, there is a high likelihood that our client will be able to obtain a satisfactory resolution without going to an arbitration hearing before the American Arbitration Association. But, by taking this route, we preserve our client’s right to file for arbitration as well — providing access to a potential streamlined resolution while maximizing our clients’ opportunities for success.
What Can I Expect from Synthetic Arbitration® with Amazon?
When you pursue Synthetic Arbitration® as an Amazon seller or vendor, our lawyers will engage Amazon’s attorneys directly in an effort to resolve your dispute without incurring the additional costs of filing with the American Arbitration Association. We will clearly outline the relevant facts and law just as we would in arbitration, but in a letter to Amazon’s counsel instead of a formal arbitration demand. Once Amazon’s attorneys respond, we will advocate on your behalf to achieve a binding resolution in the form of a written and enforceable agreement.
If Amazon’s counsel chooses not to resolve your dispute in this manner, then we may file for arbitration with the American Arbitration Association if you decide that it is right for you. But, at this point, we will already have your arguments crafted, and we will already have insight into Amazon’s defense strategy. This is the “synthetic” aspect of SynArb®. We will be able to pursue arbitration even more efficiently than normal, and we will be able to continue pressuring Amazon’s counsel to negotiate an informal settlement.
What Types of Disputes Can I Use Synthetic Arbitration® to Resolve?
Sellers and vendors can use Synthetic Arbitration® to resolve all types of disputes with Amazon. This includes payment disputes, inventory disputes, and seller suspensions — among others. Regardless of the specific issues involved, if you are in a dispute with Amazon, we can use our experience and proprietary processes to help you achieve a favorable resolution.
Is ESQgo® the Only Law Firm that Offers SynArb®?
Yes, ESQgo® is the only law firm that offers SynArb®. Synthetic Arbitration® is our proprietary process for resolving disputes with Amazon that we have developed based on our founding attorney’s deep experience working with Amazon as both a seller and an attorney. Since SynArb® is proprietary to ESQgo®, no other law firm can offer this service to its clients.
Is SynArb® Binding on Amazon?
One way or another, SynArb® results in an outcome that is binding on Amazon. In many cases, we are able to resolve SynArb® disputes through a negotiated agreement that provides our client with a satisfactory result while avoiding the additional costs of traditional arbitration. If Amazon is unwilling to negotiate for any reason, then we may continue the process by filing a demand for arbitration with the American Arbitration Association; and, if this does not trigger good-faith settlement negotiations, then the process will culminate with a binding arbitration award that our client can enforce in court if necessary.
What if I Can’t Get a Favorable Result Through SynArb®?
In our experience, when a dispute is a good candidate for SynArb®, there is a high likelihood that the process will result in a favorable outcome for our client. But, if the outcome is unfavorable for any reason, we can assess our client’s options for bringing the dispute before the American Arbitration Association (AAA).
How Do I File for Synthetic Arbitration® with Amazon as a Seller or Vendor?
Since Synthetic Arbitration® is our proprietary dispute resolution procedure for Amazon sellers and vendors, sellers and vendors can exclusively file for SynArb® through ESQgo®. If you would like to find out whether your dispute is a good candidate for SynArb®, we invite you to schedule a free 1-hour consultation with one of our lawyers.
Ask Us About “SynArb®” Today – A Forward-Thinking Solution for Amazon Sellers
SynArb® is just one example of how we bring a creative approach to seller’s most common problems. If you need solutions, reach out to our law firm at ESQgo® to learn more about what we can do for you.