An en banc panel of 9th Circuit judges seemed to signal Tuesday that when it comes to deciding if a mandatory arbitration agreement is unconscionable, judges -- not arbitrators -- should have the last word. But some judges who spoke during arguments in the closely watched case sounded wary of opening the courtroom door to litigants unhappy with arbitration. The issue is of great interest to businesses that use mandatory arbitration agreements and lawyers who oppose them.
9th Circuit ADR Case Tests Court's Role as Referee
September 29, 2005