Calif. Court Sets High Bar For Arbitrating Unconscionability

Law360, New York (February 17, 2012, 4:45 PM EST) -- A California appeals court on Thursday ruled that contractual language designating arbitration as the exclusive forum for “any disputes” does not mandate arbitration on unconscionability, affirming the denial of a bid to force arbitration in a former Cantor Fitzgerald broker's employment suit.

The appeals court determined that although the arbitration agreement was broadly worded, it did not provide clear and unmistakable evidence that the parties intended to delegate authority to the arbitrator, rather than to the court, to decide the threshold issue of whether the arbitration...
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