Case Summary

P1619 When employment contract provides for arbitration of all claims and the arbitration agreement provides that the arbitrator will determine the enforceability of the contract, an employee’s claim that the arbitration contract in unconscionable is to be determined by the arbitrator and not by a federal district court. Had employee challenged specifically the enforceability of the provision in the contract that purported to assign enforcement decisions to the arbitrator (the “delegation clause”), rather than the contract as a whole, the district court would have had jurisdiction to determine that specific issue.

RENT-A-CENTER WEST, INC. v JACKSON (Who Decides Unconscionability) 130 S.Ct. 2772 (June 2010) rev’g 581 F.3d 912 [See 9 USC §§1-16; First Options of Chicago v Kaplan, 514 U.S. 943; Prima Paint v Flood & Conklin Mfg, 388 U.S. 395; decision below at 581 F.3d 912, P/AT 09/2009]