Written by David Earnest, partner, and Julian Cokic, associate, at Diamond McCarthy LLP
September 15, 2023
Arbitration analysis: On 23 August 2023, the US District Court for the District of Arizona granted a motion to compel arbitration, holding that under California law (1) a mandatory arbitration provision and a separate permissive forum selection clause were not in conflict; and (2) that the contracting parties’ equal bargaining power and legitimate commercial needs negated an argument that an arbitration provision was unconscionable.
To read the full article: click here