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

Motion to compel arbitration properly denied where arbitration clause was permeated with substantive unconscionability to such a high degree that severance of terms could not remedy it.

Motion to compel arbitration properly denied where arbitration agreement was procedurally and substantively unconscionable and severance of unconscionable terms was not possible.

Trial ct. erred in denying employer's motion to compel arbitration where sole substantively unconscionable provision in arbitration agreement could have been severed.

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.