Anita V. Shah Authors a Law 360 Article titled “A Rare Victory On Arbitration Agreement Enforceability”

Can an agreement to arbitrate all employment related disputes be rendered unenforceable where a choice of law clause interpreted in conjunction with a delegation clause restricts the arbitrator’s power to apply California’s rules regarding unconscionability?

The United States Supreme Court decision in AT&T v. Concepcion favored employers not only because it upheld a class action waiver in arbitration, but also because of its conclusion that California
unconscionability law stood as obstacle to enforcing arbitration agreements. [1]

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