PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........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.