PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Unconscionability
............Severability
5 Cards On This Topic:

As unconscionable provisions in creditor's K concerned only exceptions to the award's finality, and could be deleted w/out affecting the core purpose of the agmt., D's motion to compel arbitration should have been granted.

Clause requiring small-time franchisees to arbitrate in Utah, incur increased costs to have counsel familiar with Utah law and not consolidate to share costs is unconscionable but severable.

Provisions in arbitration contract requiring Cal. consumers with minor monetary claims to arbitrate in Ga. and forbade class actions were unconscionable; forum selection clause unenforceable; injunctive claim could be severed.

Countrywide’s arbitration agreement unenforceable as it was unconscionable, prevented employee from vindicating unwaivable statutory rights and offending provisions were not severable.

Trial court did not err in concluding no agreement to arbitrate existed between the parties where unsigned arbitration clause in Employee Handbook was severable and separate from remaining provisions.