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Under California law, substantive unconscionability has been found where an arbitration provision forces the weaker party to arbitrate claims but permits a choice of forums for the stronger party.
Alternatively, Linden has offered to ameliorate the one-sidedness of the TOS's arbitration provision by suggesting that Linden could waive the requirements for three arbitrators, post the initial fees of arbitration, and agree to arbitrate in Philadelphia instead of San Francisco.
If an arbitration provision "operated..
Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision without breach of this arbitration provision.
Advanced Analogic likely rues the day that it agreed to this arbitration provision.
Italian Colors voluntarily entered into a contract containing a bilateral arbitration provision.
and an arbitration provision if the parties can't agree on pricing.
Thus, the Court will apply California state law to determine whether the arbitration provision is unconscionable.
The lock's user agreement does explicitly promise to never add an "arbitration provision" to that agreement.
So the real question is what the Maryland court does and whether it upholds the arbitration provision.
If the Maryland court upholds CommonWealth's arbitration provision, more companies like Commonwealth can simply adopt these bylaws.
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CEO of Professional Science Editing for Scientists @ prosciediting.com