In determining whether an arbitration clause is enforceable, the courts have used substantive contract law terms, i.e., "unconscionable," to serve in a non-contractual forum of deciding whether to order arbitration. Although the court applies state substantive law in determining whether to order arbitration, none of the Armendariz rules requiring neutral arbitrators, limited discovery, a "reasoned" award, mutuality of remedies and cost shifting onto the employer, constitute Californ...
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