Louisiana Supreme Court

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Louisiana Supreme Court addresses unconscionability of arbitration agreements

June 29, 2005

Resolving a split in Louisiana's intermediate appellate courts, the Louisiana Supreme Court instructed the lower courts that they must disfavor claims of unconscionability of arbitration agreements and “adopt a liberal policy favoring arbitrability.”

U.S. Chamber urges Louisiana Supreme Court to review arbitration case

May 10, 2005

NCLC filed an amicus brief urging the Louisiana Supreme Court to grant review in order to send a clear signal that arbitration is an appropriate method of dispute resolution, as evidenced by pro-arbitration laws enacted by both the state and federal legislature. Without weighing the array of data demonstrating that both sides benefit from avoiding the costly judicial system, the intermediate appellate court improperly concluded that the arbitration agreement was one-sided and therefore unconscionable.

The Court rejected the brief as untimely.

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