High Court On How To Write Arbitration Agreements

Law360, New York (July 7, 2010, 1:15 PM EDT) -- The U.S. Supreme Court recently provided important guidance on drafting arbitration clauses. The court held in Rent-A-Center West Inc. v. Jackson that arbitrators, not courts, will decide whether an arbitration agreement is void as unconscionable if the arbitration agreement is worded properly.

Briefly stated, the dispute in Rent-A-Center was whether Antonio Jackson, a former employee of Rent-A-Center, was required to arbitrate his race discrimination claims.

Jackson had signed a “Mutual Agreement to Arbitrate Claims” as a condition of his employment. The agreement provided that the parties...
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