Are arbitration clauses that give the parties different remedies or choices of forum inherently unfair or unconscionable? The United States Court of Appeals for the Tenth Circuit has held that the Federal Arbitration Act (FAA) preempts New Mexico's common law presumption that arbitration provisions applying primarily or exclusively to the claims of one party are likely unconscionable and unenforceable. THI of N.M. at Hobbs Ctr., LLC v. Patton, 2014 U.S. App. LEXIS 1687 (10th Cir. 2014); (available at bit .ly/1eXnalE).
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