The Supreme Court Examines Whether Courts Must Decide the Enforceability of Arbitration Clauses Challenged as Unconscionable
The Supreme Court heard oral arguments on April 26 in Rent-A-Center West, Inc. v. Jackson, No. 09-497, a case in which the Court is expected to decide whether, under the Federal Arbitration Act, a court must determine the validity of an agreement to arbitrate that is challenged as unenforceable. Specifically, the Court will review whether lower courts must resolve claims that arbitration clauses are unconscionable even where the arbitration clauses themselves delegate to arbitrators the exclusive authority to resolve disputes as to the enforceability of such clauses.