Part 6/10:
The significance of this judicial stance lies in the broader question of fairness and transparency. When disputes are arbitrated internally, they are often resolved out of public view, shielding the league from scrutiny. The courts’ rejection of the NFL’s attempt to keep Flores' case under arbitration highlights a potential shift toward greater transparency in sports disputes.
Contract Clauses and the Power Dynamics
Another critical aspect is the contractual language signed by individuals entering the NFL ecosystem—owners, coaches, and players. These agreements often contain arbitration clauses and stipulations about the legal process, including clauses that specify jurisdiction—most notably, Delaware courts.
Most of these contracts include clauses that: