law.com - 9th Circuit ADR Case Tests Court's Role as Referee

[CASE] law.com - 9th Circuit ADR Case Tests Court's Role as Referee

An en banc panel of 9th Circuit judges seemed to signal Tuesday that when it comes to deciding if a mandatory arbitration agreement is fair, judges -- not arbitrators -- should have the last word.

But some judges who spoke during hour-long arguments in the closely watched case sounded wary of opening the courtroom door to litigants unhappy with arbitration. Some also wondered who should determine whether it's unconscionable to make a Californian fly to Boston for an arbitration.

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From The Recorder. The case is Nagrampa v. MailCoups, 03-15955. Earlier proceedings: 401 F.3d 1024 (9th Cir. March 21, 2005) (holding that question whether arbitration clause was a contract of adhesion was for arbitrator to decide); 413 F.3d 1024 (June 28, 2005) (granting rehearing en banc).

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