Arbitration Unconscionability lands in U.S. Supreme Court

On Monday, April 26, the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson to determine how involved courts may be in the enforceability of an agreement. The transcript is available here. The question: Whether the district court is in all cases required to determine claims that an arbitration agreement subject to the Federal Arbitration Act is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision.