Can a court refuse to enforce an arbitration agreement if it is unconscionable?
California, United States of America
The following excerpt is from Hartley v. Yucca Valley Auto Superstores, Inc., E068258 (Cal. App. 2019):
It is well settled that a court may refuse to enforce an arbitration agreement if it is unconscionable. (Civ. Code, 1670.5, subd. (a); Fitz v. NCR Corp. (2004) 118 Cal.App.4th 702, 711.) A common definition of unconscionability is that it refers to an absence of meaningful choice on the part of one of the parties together with contract
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