Are there any defenses to an arbitration agreement?

Yes, there are several defenses to an arbitration agreement in Washington that must be considered when it comes to disputes arising from a contract. An arbitration agreement may be invalidated if certain defenses are raised. These defenses include unconscionability, fraud, illeaglity, or public policy. Unconscionability is a defense that may be raised when an arbitration agreement is found to be so unfair that it is legally unenforceable. For example, if the language of the agreement is unclear or extremely difficult to understand, this may be deemed as unconscionable. Fraud is another defense that may be raised when one party was tricked or lied to into signing the arbitration agreement. If a party was not given all of the information they needed to make an informed decision, they may be able to defend against the arbitration agreement based on fraud. Illegality is a defense that may be raised if the arbitration agreement is illegal, or violates public policy. For example, if the agreement is in violation of a law or public policy, then it may be found to be invalid. Finally, public policy is a defense that may be raised if the arbitration agreement violates established public policy. This could include violations of certain rights, such as freedom of speech or religion, or any other laws. Each of these defenses must be considered when determining the validity of an arbitration agreement in Washington. If any of these defenses are found to be applicable, then the arbitration agreement may be invalidated.

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