Oct 21, 2009 - Arbitration Agreement Upheld Despite Employee's Argument It Was Not. The agreement by arguing that the agreement was unenforceable. For nearly sixty years after the FAA was enacted, the Supreme Court left the enforceability of arbitration agreements largely undisturbed. Early cases rendered arbitration agreements enforceable, but preserved certain areas in which courts could reserve some discretion in the enforcement of arbitration clauses.
Law360, New York (July 13, 2015, 12:11 PM EDT) -- Can an agreement to arbitrate all employment-related disputes be rendered unenforceable where a choice-of-law clause — interpreted in conjunction with a delegation clause — restricts the arbitrator's power to apply California's rules regarding unconscionability?
The United States Supreme Court decision in AT&T v. Concepcion favored employers not only because it upheld a class action waiver in arbitration, but also because of its conclusion that California unconscionability law stood as obstacle to enforcing arbitration agreements. [1]
Despite this ruling, California employees continue to challenge employment arbitration agreements based on unconscionability. Employment arbitration agreements typically include a “delegation clause” in order...
The United States Supreme Court decision in AT&T v. Concepcion favored employers not only because it upheld a class action waiver in arbitration, but also because of its conclusion that California unconscionability law stood as obstacle to enforcing arbitration agreements. [1]
Despite this ruling, California employees continue to challenge employment arbitration agreements based on unconscionability. Employment arbitration agreements typically include a “delegation clause” in order...
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