context: If the issue is whether the costs of arbitration will make the arbitral forum prohibitively expensive for the individual plaintiff, then determining whether the actual costs of completed arbitration reach that level would be much simpler than determining, in advance, whether the projected costs of arbitration will reach that level. Requiring plaintiffs to arbitrate their claims and then argue, either to the arbitrator or to the reviewing court, that the costs were prohibitive avoids the problem identified in Green Tree, namely the "speculative" or "conjectural" nature of the costs of arbitration. The reviewing court would have before it the actual costs and would be charged with the task of determining whether those actual costs make the arbitral forum prohibitively costly.
citation_a.signal: see also
citation_a.identifier: 56 F.Supp.2d 355, 355
citation_a.parenthetical: "At this point in the litigation it is not clear how large the fees of the arbitration will be or whether plaintiff will be required to pay any portion of it...."
citation_a.sentence: See Klinedinst, 2001 WL 1561821, at *14 (“By the time the arbitrator reaches the costs and fees issues, the record will obviously be far less vague and speculative than it is now.”); see also Arakawa, 56 F.Supp.2d at 355 (“At this point in the litigation it is not clear how large the fees of the arbitration will be or whether plaintiff will be required to pay any portion of it....”).
citation_b.signal: see
citation_b.identifier: 2001 WL 1561821, at *14
citation_b.parenthetical: "By the time the arbitrator reaches the costs and fees issues, the record will obviously be far less vague and speculative than it is now."
citation_b.sentence: See Klinedinst, 2001 WL 1561821, at *14 (“By the time the arbitrator reaches the costs and fees issues, the record will obviously be far less vague and speculative than it is now.”); see also Arakawa, 56 F.Supp.2d at 355 (“At this point in the litigation it is not clear how large the fees of the arbitration will be or whether plaintiff will be required to pay any portion of it....”).