The United States Supreme Court has set for April 26, 2010 oral argument in Jackson v. Rent-A-Center West, Inc., ___ F.3d ___, slip op. (9th Cir. Sept. 9, 2009), petition for cert. granted Jan. 15, 2010 (No. 09-497) (oral argument calendar here). Jackson addresses the question who decides unconscionability of an arbitration agreement when the agreement clearly and unmistakably says arbitrators decide arbitrability. The Ninth Circuit said the court decides the question, but we think there is a reasonable chance the United States Supreme Court will reverse. We touched on some of the reasons why in prior posts, here and here.
We shall keep readers apprised of further developments as and when they occur. . . .
Tags: Arbitrability, Clear and Unmistakable Rule, Jackson v. Rent-a-Center, Power to Determine Own Jurisdiction, Unconscionability, United States Court of Appeals for the Ninth Circuit, United States Supreme Court
