Although there is a strong public policy favoring arbitration, such a policy cannot displace the necessity for a voluntary agreement to arbitrate. In a recent decision, the appellate court held that the trial court could reasonably determine that there was no agreement to arbitrate where the form of the agreement is deceptive. Specifically, the court said the arbitration clause was invalid “because the clause is as inconspicuous as a frog in a thicket of water lilies.” In Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc., Case Nos. B292863/B294788, 2020 Cal. App. LEXIS 1148 (Cal. Ct. App. December […]
-
Apr6
Inconspicuous Arbitration Agreements Will Not Be Upheld
Posted by GibbsGiden Under Business and Commercial Law