Arbitration Agreement Determined to be OK Despite Unconscionable Provisions

Despite a ruling that provisions were unconscionably unfair, an employer’s arbitration agreement was determined to still be useable, in a decision filed August 29, 2013 and published on September 26, 2013.   Defendant moved to compel arbitration.  A lower court determined the agreement to be unconscionable.  Defendant appealed.

The higher court ruled that the agreement was not severe enough to shock the conscience, and therefore could be enforced, reversing the lower court’s decision denying the motion to compel.  Peng v. First Republic Bank (CA 1/1 A13550A) 

2016-08-09T22:44:08+00:00 February 24th, 2014|Arbitration|