Tell It To The Judge, Not The Arbitrator
Connecticut Law Tribune
June 21, 2010
The article analyzes the Ninth Circuit Court of Appeals' decision in Jackson v. Rent-A-Center West. It notes the case, which is currently under review by the U.S. Supreme Court, has the potential to re-write existing arbitration agreements. The authors state the case currently requires courts to determine whether an arbitration agreement is unconscionable and unenforceable, even when the parties' agreement specifically provides for the submission of all issues concerning arbitrability to arbitrators.