Unconscionability. (Id. at p. [131 S.Ct. at p. 1747].) The FAA preempts such ―generally applicable contract defenses‖ if they ―stand as an obstacle to the accomplishment of the FAA‘s objectives.‖ (Id. at p. [131 S.Ct. at p. 1748].) The Discover Bank rule stands as such an obstacle for two reasons. First, it contravenes the FAA‘s ― ‗principal purpose,‘ ‖ which ―is to ‗ensur[e] that private arbitration agreements are enforced according to their terms.‘ [Citations.]‖ (Id. at
Appears in 3 contracts
Sources: Arbitration Agreement, Arbitration Agreement, Arbitration Agreement