Unconscionable Arbitration Agreement : To Strike Down Entirely or to 'Blue-Pencil' Sever?

It discusses an interesting legal issue on whether an unconscionable arbitration agreement should be void entirely, or merely severed the unconscionable bits. This piece focuses on the US law aspects discussed in the recent Canadian Supreme Court case of Uber v Heller.In particular, Côté J supported her reasoning partly by relying on US law. I argue that her Honor has over-simplified the US law. In both Canada and the US, the legal test sounds simple and says that severance can be done as long as the intent/main purport of the agreement is not changed. However, courts are actually willing to consider other arguments (e.g. policy considerations) that are not directly addressing this test.The facts involved a class litigation on employment/labor contract between Uber and Uber drivers.The work first appeared on American Review of International Arbitration