In a common law court system like the United States, there is a concept called "stare decisis," which states that inferior courts must - not should, but must - adhere to the decisions of past, superior courts.
In the event that a judge simply ignores a binding precedent that a litigant...
...being challenged? According to the 2006 Supreme Court case of Buckeye Check Cashing, Inc. v. Cardegna, an arbitrator must decide the legality of a contract, unless the arbitration clause itself is being challenged.
Does that apply if the very entering into the contract, much less the...