Contracts
Apr. 27, 2012
Judicial hostility to arbitration provisions in employment agreements
Under California law, a failure to include the express carve out leaves the arbitration provision subject to uncertainty about enforceability. By Christopher A. Lilly of Troy Gould PC
The central theme of the Supreme Court's decision in AT&T Mobility v. Concepcion was to end "judicial hostility" to arbitration. In the context of employment agreements with arbitration provisions - in which employees are asked to give up their rights to trial by jury and class actions - one could argue that this hostility has continued with vigor. California courts' application of the doctrine of unconscionabi...
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