Hasty Opinion Presents Cautionary Tale for In-House Counsel Drafting Arbitration Agreements
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New Discussion Guide: Hasty Opinion Presents Cautionary Tale for In-House Counsel Drafting Arbitration Agreements
If your company’s arbitration agreement doesn’t hold up when challenged, it might as well not exist.
Arbitration agreements are such a fixture in contracts that you might understandably rely on standardized clauses without scrutinizing the language. However, California has strict regulatory enforcement requirements, and the agreement might not hold up when challenged.
This guide reviews the recent Hasty decision as a cautionary tale and outlines steps you can take to reduce the likelihood of a legal challenge.
This guide outlines:
❖ Steps to reduce the likelihood of a legal challenge, or loss
❖ Best practices for drafting enforceable arbitration agreements in California
❖ How courts might assess procedural and substantive unconscionability
❖ Steps to reduce surprises that can lead to technical issues
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