Arbitration Revisited: Preemption of California’s Unconscionability Doctrine after Concepcion

Authors

David Friedman

Document Type

Supreme Court Commentaries

Publication Date

2-5-2016

Keywords

Arbitration, Preemption, Unconscionability

Subject Category

Constitutional Law | Supreme Court of the United States

Abstract

This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the question of whether an arbitration agreement, made pursuant to the Federal Arbitration Act, preempts state unconscionability doctrine which would render that agreement unenforceable. The Author argues that holding that federal law implementing a policy favoring arbitration fully preempts state law doctrines from preventing the enforcement of arbitration agreements.

Recommended Citation

David Friedman, Arbitration Revisited: Preemption of California’s Unconscionability Doctrine after Concepcion, 11 Duke Journal of Constitutional Law & Public Policy Sidebar 21-39 (2016)