How do I challenge forum-selection clauses in arbitration?

Challenging forum-selection clauses in arbitration in California can be done in a few different ways. First, you can apply the doctrine of “unconscionability” which means the clause is unfairly one-sided or one party has unfairly taken advantage of the other by means of the clause. If the clause is found to be unconscionable then it can be set aside and the case can be heard in a different forum. Second, you can challenge the clause as being ambiguous or incomplete. If the clause does not clearly provide what forum the case will be heard in, then it can be interpreted in different ways. This can open the door to a hearing in a different forum. Third, you can challenge the forum-selection clause on the basis of public policy. If the clause is contrary to the public policy of the state or violates the rights of the parties, this could provide grounds for overturning the clause. Finally, you can challenge the clause based on the choice of law. If the law governing the agreement is different in the chosen forum than in the state where the case is being heard, this could provide grounds for challenging the forum-selection clause. Ultimately, the method for challenging a forum-selection clause in arbitration in California depends on the specific circumstances of the case and the agreement between the parties. The best way to challenge such a clause is to consult a lawyer who is knowledgeable in arbitration law.

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How do I challenge forum-selection clauses in arbitration?

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