to delegate arbitrability to an arbitrator are not so favored. Indeed, as previously discussed, delegation clauses must meet the "clear and unmistakable” test because determining arbitrability is typically a task reserved for courts, not arbitrators. Thus, a term that requires drivers to pay significant fees just to get a threshold determination on arbitrability renders the delegation clause far more substantively unconscionable, and thus unenforceable. 50 . Mohamed drove for Uber in Boston, not California. 51 . The samé rationale likely undergirds Armendariz’s holding that a party cannot render a contract conscionable by agreeing to strike or otherwise limit the application of an unconscionable term after litigation has begun. See Armendariz, 24 Cal.4th at 125, 99 Cal.Rptr.2d 745 (<HOLDING>) (emphasis added). If the Supreme Court was not
holding arbitration clause in credit card agreement unconscionable holding that arbitration provisions that preclude class actions are not unconscionable holding arbitration provision of automobile installment sales agreement unconscionable holding that an arbitration clause was not unconscionable because it did not unreasonably favor the defendants holding that a later concession to strike an unconscionable term does not change the fact that the arbitration agreement as written is unconscionable and contrary to public policy