Employee Relations Law Journal, Vol. 36, No. 1
"Who Is the Arbiter of Arbitrability?"
Should a court decide whether an agreement to arbitrate is unconscionable when that arbitration agreement clearly gives the arbitrator the authority to do so? The circuit courts are split on this question, with the Ninth Circuit in favor of the court deciding the question of unconscionability and the Eighth and Eleventh Circuits permitting the arbitrator to decide.