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The challenge to a mandatory arbitration agreement now generally revolves around whether it is "unconscionable" -- and there is a fairly substantial body of authority on the subject. It is fair to say that in the majority of courts, a little bit of unconscionability is accepted, because courts have become increasingly comfortable severing such clauses and mandating arbitration on the rest. Allowing a company multiple bites to enforce an unconscionable apple is simply unfair.
October 23, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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