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The post below was published on Friday, October 15th, 2010 at 12:23 PM.

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Fourth District: Arbitration

Arbitration fans should be interested in this decision, where the Fourth District held that a trial court erred in addressing a plaintiff’s unconscionability and public policy challenges involving an arbitration agreement. The court held that the plaintiff’s challenges were directed at the parties’ overall agreement, not the arbitration provision, and so the challenges were issues for the arbitrator, not the trial court.

The decision demonstrates the continuing evolution of arbitration law. Not long ago, courts routinely held that all unconscionability challenges involving an arbitration agreement were issues for the trial courts to resolve.

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