I was fortunate to receive tickets to see Oasis over Labor Day weekend in New York. I’m not sure I’ve ever seen a concert quite like the one put on by the biggest British band from the 1990s. At times, it seemed like the entire crowd was singing to the band, instead of the other way around. My daughter, who was two months old when they broke up in 2009, cried alongside several middle-aged men my age.
Part of the emotion was because most in the crowd did not believe that they would ever see the brothers Gallagher reunite on stage. When Noel (the older brother and songwriter) quit the band sixteen years ago, he infamously commented, “People will write and say what they like, but I simply could not go on working with Liam [the lead singer and his younger brother] a day longer.” So, when the band announced in a 2024 tweet, “The guns have fallen silent. The stars have aligned. The great wait is over. Come see. It will not be televised,” and despite tickets for a very limited worldwide tour (there were only five shows in the States) selling out in minutes, fans remained skeptical that the mercurial, Mancunian brothers could pull off the unthinkable.
But what of the concern by the other band members, crew, and roadies? What kind of security would they receive should the sibling rivalry be rekindled? Because while the Gallaghers may resolve disputes through interviews, insults, and the occasional walk-off, the people plugging in the amps deserve something a little more predictable.
The inclusion of arbitration clauses in their contracts would make sense for all parties. Regardless of whether they are employees or independent contractors, such clauses would be beneficial for many reasons:
- Speed matters on tour: Litigation can last years. Arbitration often wraps up in months — fast enough that the case ends before the final encore.
- Keeping it confidential: Disputes stay private. No risk of unpaid overtime claims ending up in the tabloids as an accidental B-side.
- Consistency across states and countries: The tour crosses multiple U.S. jurisdictions and several countries. Arbitration lets both sides pick one venue and one set of rules.
- Potentially lower costs: Especially for smaller disputes (like per diems or travel reimbursements), arbitration can be less expensive than court battles.
- International convenience: Crew members from the UK or Europe avoid navigating U.S. court systems. Arbitration provides neutral ground.
Despite the appeal of arbitration, the other band members, crew, roadies, etc. would be forgoing several rights to which they would be entitled should they have needed to pursue litigation, including:
- Litigation in court may offer more protection: Protesting losses in a cancelled tour could be more lucrative in court. Judges, as opposed to arbitrators, also may be more familiar with the subject matter of such disputes. And some arbitrators, especially in employment/labor disputes will “split the baby,” awarding something to all parties instead of allowing the victor to recover all damages resulting in a cancellation.
- No “all together now”: Arbitration usually blocks class or collective actions. That’s bad news if multiple crew members feel misclassified as contractors.
- Enforceability Issues: Some states — looking at you, California — heavily scrutinize employment arbitration clauses. Poor drafting could strike them down.
- Final means final: Arbitration decisions are tough to appeal in court. Brilliant if you win; brutal if you don’t. Arbitration can be faster, quieter, and more predictable — but it’s not always fair, cheap, or enforceable. For Oasis’ crew, it might be less of a “Wonderwall” and more of a “Champagne Supernova”: appealing at first, but messy in practice.
In short, arbitration clauses can be incredibly helpful, although they should be carefully scrutinized. Because the last thing this reunion tour needs is another public Gallagher bust-up — this time in court.
The post EntertainHR: “Don’t Look Back in Anger” by Failing to Include Arbitration Clauses in Employment Contracts appeared first on HR Daily Advisor.