In Hill v. Garda CL NW, Inc., the Washington Supreme Court reiterated that courts have the power and obligation to resolve dsputes going to the validity of arbitration agreements, unless an arbitration agreement clearly and unmistakably provides otherwise. Unconscionability is one such dispute, and the Court ruled that an arbitration agreement severely limiting the rights of employees was unconscionable.

Background:Continue Reading Washington Supreme Court Clarifies that Courts Must Resolve Disputes that go to the Validity of an Arbitration Agreement (e.g., Unconscionability) before Compelling Arbitration