PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Illegality
............Caselaw
6 Cards On This Topic:

No USAA violation results when arbitrator, under arbitration clause requiring application of Cal. law, allows trial court to decide issue of illegality.

Arbitration agrmt unenforceable, as parties did not both voluntarily consent to arbitration and ordinance mandating arbitration unconstitutional.

"Take it or leave it" arb agreement, evidencing lack of mutuality, cost-sharing and shortened statutes of limitations, was so procedurally and substantively unconscionable as to be wholly unenforceable.

Order denying arbitration for illegality of K affirmed.

Claim of illegality of incidental K clause insufficient to avoid arbitration. Illegality in subordinate clause in K providing for mandatory arbitration is question of law which may be decided by arbitration.

Order to arbitrate reversed for ct’s failure to determine legality of K.