The agreement in this employment case assigned the determination of enforceability to the arbitrator. ?The Ninth Circuit held that the issue of unconscionability was for the court because the issue went to whether there was a valid agreement to arbitrate. ?Rent-A-Car v. Jackson, 581 F.3d 912 (9th Cir. 2009), cert. granted, 130 S. Ct. 1133 (1/15/10).
Supreme Court Grants Cert. on Whether District Court is Required to Determine Unconsionability Even Where Agreement Assigns Enforceability to Arbitrator
Jan 15, 2010