An arbitration agreement was not procedurally unconscionable because the employer failed to attach a copy of the relevant arbitration rules to the agreement, the California Court of Appeal has ruled. Peng v. First Republic Bank, No. A135503 (Cal. Ct. App. Sept. 26, 2013). The Court also ruled that the agreement was not substantively unconscionable because it provided that the employer may unilaterally modify the agreement. The Court reversed the trial court’s order denying the employer’s request for arbitration of the employee’s discrimination and wrongful termination claims.
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