In any event, the factors considered by courts in determining whether an arbitration agreement is an adhesion contract include: the experience and competence of the contracting employee; the extent to which the employee negotiated other terms in the contract; whether the contract provision falls within the reasonable expectations of the employee; whether the contract designates an arbitrator who, by reason of status or identity, is presumptively biased; and the clarity of the agreement.(24)
Shute, the Supreme Court found that the Ninth Circuit erred in refusing to enforce a forum-selection clause included in a maritime adhesion contract, specifically, a cruise passenger ticket provided to the plaintiff.
The plaintiff admitted that the employee handbook and policies and procedures it contained constituted part of his employment contract, but maintained that the arbitration clause was a separate matter and was an unenforceable adhesion contract.
The technology is also desperately needed because of unconscionable adhesion contracts and predatory forced arbitration, as well as the absence of federal uniform and predictable standards cherished by the industry today.