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- Title
Clear and Unmistakable for Whom? Arbitral Rules, Unsophisticated Parties, and the Clear and Unmistakable Standard.
- Authors
Shreffler, Henry
- Abstract
The article explores how arbitral rules in an unsophisticated arbitration agreement invalidates an employee's clear and unmistakable manifestation of intent to arbitrate questions of arbitrability. Topics discussed include role of delegation clauses in the agreement of parties to arbitrate questions of arbitrability, contract of adhesion theory, doctrine of unconscionability and principles of incorporation by reference, and rebuttable presumption of unsophistication for certain contracts.
- Subjects
ARBITRATION &; award; INTENTION (Law); DELEGATION (Civil law); ADHESION contracts; UNCONSCIONABLE contracts; CONTRACTS; REBUTTAL evidence; ARBITRATION clauses (Contracts)
- Publication
ABA Journal of Labor & Employment Law, 2023, Vol 37, Issue 2, p187
- ISSN
2156-4809
- Publication type
Article