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Focus (Forum & Focus)

May 8, 2009

The Clause Come Out

Procedural and substantive unconscionability must be present to justify the refusal to enforce a contract or clause based on unconscionability, writes Steven G. Mehta.

By Steven G. Mehta

Two recent cases have shed light on the issue of arbitration clauses and how they can be enforced. Both cases have addressed the issue of procedural and substantive unconscionability. Both cases have also addressed the issue in the context of employment and labor claims. The cases reaffirm the principle that there must be both substantive and procedural unconscionability for an arbitration agreement to be unenforceable.

The California Arbitra...

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