Contracts
May 15, 2010
Determining Arbitrability When Parties Allege Unconscionability
Jay McCauley of the American Arbitration Association and PMA examines the issues that arise when a party alleges that the arbitration agreement is unconscionable.
Doubtlessly a large majority of arbitration agreements extant in the United States today contain delegation clauses - clauses that take from courts and give to arbitrators the job of determining whether disputes, when they arise, are subject to arbitration. Absent special circumstances, those clauses have been upheld as enforceable as long as their language is "clear and unmistakeable."
Does a party's allegatio...
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