How does the doctrine of severability apply to arbitration?

California, United States of America

The following excerpt is from Eakins v. Corinthian Colls., Inc., E058330 (Cal. App. 2015):

As already mentioned, under the doctrine of severability, "if the party resisting arbitration is claiming that the arbitration clause itself is unconscionable, a court must decide this claim. [Citations.] However, provided the court concludes that the arbitration clause itself is not unconscionable, it must compel arbitration, leaving it up to the arbitrator to determine whether the contract as a whole is unconscionable. [Citation.]" (Bruni v. Didion, supra, 160 Cal.App.4th at p. 1290.)

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How does the doctrine of severability apply to arbitration?

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