PRETRIAL ADJUDICATION
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Contract Arbitration
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Opposing Arbitration
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Unconscionability
............Federal Issues
7 Cards On This Topic:
Arbitration can be denied because of overwhelming economic power justifying revocation of any K.
Forum selection clauses in contracts enforceable unless "unreasonable" under the circumstances.
Clause in CC&Rs providing owners' association and individual owners agreed to resolve construction disputes with developer through binding arbitration was not unconscionable and was enforceable.
Under federal law, party alleging unconscionability has burden of showing actual bias in arbitration procedures.
In case within USAA, unconscionability must be determined according to federal law.
In case within USAA, unconscionability must be determined according to federal law.
State unconscionability law inapplicable in Labor Management Relations Act case.