Arbitration Agreement Unconscionable in Part

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Arbitration Agreement Unconscionable in Part

Category : Employment Law

The court held that the process for the selection of an arbitrator under the agreement was unconscionable. The remainder of the arbitration agreement was enforceable.

In Hewitt v. Kerr, ED100479 (Mo. App. E.D. 10/22/13), former St. Louis Rams equipment manager sought a writ of prohibition to prevent the trial court from compelling arbitration under the equipment manager’s employment contract. The court held that the provision which allowed the NFL Commissioner to select the arbitrator was unconscionable because the Commissioner owed his employment to the NFL teams who elected him Commissioner. Therefore, he was not unbiased and the selection provision was unconscionable. The court ordered the trial court to select an arbitrator to hear the case. The remainder of the arbitration agreement was enforceable. See¬†http://www.courts.mo.gov/file.jsp?id=66826.