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Re: Why would Upwork encourage arbitration (!) on a closed contract with $ 0 in Escrow??

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Community Guru
Petra R Member Since: Aug 3, 2011
1 of 79

As the title says...

 

What is the point of letting a client pay for arbitration on a contract that is closed, has no funds in Escrow, and where the funds have almost certainly been long withdrawn by the freelancer?

 

The contract was several thousand Dollars but I always thought arbitration can only be about funds still in Escrow...

 

(no, I am neither the freelancer nor the client in this case)

 

 

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Community Guru
Irene B Member Since: Feb 17, 2015
2 of 79

Neither am I, but I have heard of such instances. Would be interesting to know Upwork's rationale around this.

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
3 of 79

Hi Petra,

 

I'd like to check with the team and share more information but without having access to specific case details it would be hard to directly address your question. I'll follow up with the team but please feel free to pm me any information you have that will help with providing a more relevant response. Thanks.

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Community Guru
Petra R Member Since: Aug 3, 2011
4 of 79

@Vladimir wrote:

I'd like to check with the team and share more information but without having access to specific case details it would be hard to directly address your question. I'll follow up with the team but please feel free to pm me any information you have that will help with providing a more relevant response. Thanks.


 I'd rather not identify the parties involved. The contract was closed weeks ago with good feedback and all milestones approved and released. The problem with the work did not become apparent until much later at which point client contacted support and was asked to open a dispute. The freelancer now shows as "This profile is no longer available" so has been either suspended or closed their account (NO LOSS!!!)

 

Mediation failed so client now paid the arbitration fee, but what would be the point of arbitration with nothing in Escrow and presumably nothing in the freelancer's Upwork balance and the freelancer on the other side of the world from the client?

 

 

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
5 of 79

Hi Petra,

 

Sorry for the late follow-up. Clients can request arbitration even if there are no funds in Escrow and after the contract is closed and payment made, and freelancers must participate in arbitration per our ToS. Not sure if this answers your question and if you'd like to get a more detailed explanation, you can ask the party in question to contact our team for an explanation.

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Community Guru
Petra R Member Since: Aug 3, 2011
6 of 79

@Vladimir G wrote:Clients can request arbitration even if there are no funds in Escrow and after the contract is closed and payment made, and freelancers must participate in arbitration per our ToS. 

 So what you are saying is that I could finish a contract, the client approves all milestones, ends the contract and leaves good feedback, yet the client can dispute and insist on arbitration, which I would be forced to pay for and participate in? And if I do not, my account would be suspended?

 

Have I got this right?

 

I have never had a dispute in all the years I have been on the platform, but if the above is true, that's a bit disconcerting....

 

 

Community Guru
Prashant P Member Since: Sep 29, 2015
7 of 79

@Petra R wrote:

@Vladimir G wrote:Clients can request arbitration even if there are no funds in Escrow and after the contract is closed and payment made, and freelancers must participate in arbitration per our ToS. 

 So what you are saying is that I could finish a contract, the client approves all milestones, ends the contract and leaves good feedback, yet the client can dispute and insist on arbitration, which I would be forced to pay for and participate in? And if I do not, my account would be suspended?

 

Have I got this right?

 


 

This sounds more like Sheldon’s “Roommate Agreement”.  Poor Leonard never gets a break!

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Community Guru
Jess C Member Since: Feb 18, 2015
8 of 79

Never ever ever ever will I work for a fixed price on this platform. This is all very eye-opening and highly disturbing.

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Community Guru
Prashant P Member Since: Sep 29, 2015
9 of 79

@Jess C wrote:

Never ever ever ever will I work for a fixed price on this platform. This is all very eye-opening and highly disturbing.


 Well that is a very good plan, but have your read and understood the ToS completely? 

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Community Guru
Jess C Member Since: Feb 18, 2015
10 of 79

@Prashant P wrote:

@Jess C wrote:

Never ever ever ever will I work for a fixed price on this platform. This is all very eye-opening and highly disturbing.


 Well that is a very good plan, but have your read and understood the ToS completely? 


Yes, thank you. No patronizing necessary.

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