"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Wednesday, June 23, 2010

Rent-A-Center v Jacskon

Rent-A-Center v Jacskon has been one of the most closely followed cases in the recent past. The case was pending before the US Supreme Court for some time. The oral arguments took place in April this year. A couple of days back (21 June 2010), the US Supreme Court has delivered the judgement.

The case involves the question as to whether under the Federal Arbitration Act, a district court could decide a claim that the arbitration agreement was unconscionable, when the arbitration agreement explicitly assigned that task to the arbitrator.

In a few days, we will have a detailed post on this case and analyse the Indian position concerning the said question. In the meanwhile, readers can access the judgement from this link.
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