After it was established that the tribunal could determine the question of the validity of the arbitration agreement instead of referring it to the arbitrator, the majority then analysed the doctrine of the faculty of scruples. Impitoyability requires both unequal bargaining power and the resulting reckless negotiation.  The majority found that Uber`s arbitration agreement met both criteria of scruples. The claimant was in a less favourable negotiating position because the arbitration agreement was part of a standard contract that the claimant could not negotiate; Uber is more demanding since it is a large multinational. the agreement contained no information on the cost of mediation and arbitration in the Netherlands; and the arbitration rules under the Mediation Rules of the International Chamber of Commerce were not annexed to the treaty.