The Law at Work: Why otherwise defective arbitration agreements may be enforced against high-ranking executives
The California Supreme Court has declared that California has a “strong public policy in favor of enforcing arbitration agreements.” In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton examines a case brought by George Gardner, the former Chief Executive Officer of Yucaipa Trading Co., and Kimberly Mederos, Yucaipa’s former marketing chief, to explain that an employee with the power to negotiate the terms of an arbitration provision in an employment agreement may be unable later to establish the requisite procedural unconscionability to resist arbitration, even where the provision is substantively one-sided.
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