It is undisputed that Plaintiff's claims fall within the Arbitration Agreement's scope. It includes, but is not limited to, federal or state contract, tort, statutory, regulatory, common law and equitable claims. The primary issue, therefore, is whether the Arbitration Agreement is enforceable. The FAA presumptively favors the enforcement of arbitration agreements by making such agreements enforceable to the same extent as other contracts. Harris v. Green Tree Fin.
State law applies to issues concerning the validity, revocability and enforceability of contracts.
Northwestern Nat'l Life Ins. Plaintiff presents several arguments contesting the enforceability of the Arbitration Agreement under Pennsylvania law. Plaintiff first argues that Defendant failed to prove that she effectively waived her constitutional right to a judicial forum. She also maintains that she will be precluded from vindicating her federal statutory rights in the arbitral forum due to the existence of large arbitration costs. Finally, Plaintiff argues that the Arbitration Agreement is an adhesion contract whose essential terms are unconscionable thereby rendering it unenforceable.