The U.S. Supreme Court heard arguments recently in what has been referred to as a watershed arbitration case that poses significant questions about the scope and meaning of the Federal Arbitration Act, the relationship between courts and arbitration, and the basic ability of consumers and employees to gain access to courts. The issue before the justices in Rent-A-Center v. Jackson was whether an arbitration agreement that specifies that any challenge to the validity or enforceability of the arbitration agreement must be decided by an arbitrator requires a court, when faced with an unconscionability challenge to the arbitration agreement itself, to enforce the agreement and send the parties to arbitration for resolution of that unconscionability challenge. We will wait to see how the justices rule before saying too much about this case.
Source: Public Justice
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