Consumer Arbitration Agreements: 8.7.1.2 General Concepts As to Substantive Unconscionability
Courts have identified a remarkable number of terms that may be substantively unconscionable.162 Parties will usually not get far, however, with challenges that are based upon differences between arbitration and court that are intrinsic to the less formal nature of arbitration.163 For example, the inclusion of a class action waiver is unlikely to be relevant to the analysis of substantive unconscionability.