California’s Unique Approach to Arbitration: Why this Road Less Traveled will Make all the Difference on the Issue of Preemption Under the Federal Arbitration Act
By , February 8, 2012
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This article examines California’s and the Ninth Circuit’s application of unconscionability in an arbitration setting. The authors argue that this application is unique and hostile to arbitration and, thus, preempted by the Federal Arbitration Act. The article discusses decisions related to arbitration, focusing on the courts’ application of the unconscionability doctrine and its affect on dispute resolution, particularly on arbitration.
