Arbitration

July 23rd, 2019 by Rieders Travis in Arbitration

ARBITRATION-FEDEARL ARBITRATION ACT-UNCONSCIONABILITY UNDER STATE LAW-FRATERNITIES/SORORITIES Jean v. Bucknell University, No. 4:20-CV-01722, 2021 U.S. Dist. LEXIS 73384 (April 16, 2021) (Brann, J.) The Court holds first that it, not an arbitrator, shall determine whether Jean’s claims are arbitrable. Babcock and Duttera fail to show that the Plan contains a delegation provision mandating that arbitrability be determined by arbitration. The Court holds second that numerous provisions of the Plan are unconscionable. Further, because the Plan demonstrates a “systematic effort to impose arbitration” on a disadvantaged party, the Court declines to sever the unconscionable provisions and instead denies the Defendants’ motions to compel entirely. The Court consequently finds that Babcock and Duttera have not overcome the onerous burden of rebutting the presumption that courts determine arbitrability. As a result, the Court concludes that it, not an arbitrator, must determine whether Jean’s claims are arbitrable under the Plan. The Court finds Section 9 of the arbitration clause does not demonstrate the parties’ clear and unmistakable intent to delegate questions of arbitrability.  The limitation on judicial review is found not to be unconscionable.  The court can neither find the presence of a genuine dispute…