Owen Pratt thinks it’s a good time to purchase a new car. He goes to one of his local dealerships and fi nds a great deal on a new fuel effi cient car. Because he does not have all the money to purchase the car, the dealership off ers a fi nancing arrangement with their fi nancing company. Without reading all the details of the installment agreement, Owen signs the agreement and drives off in his new car. One year into the agreement, Owen defaults. He has lost his job due to the economy. Th e fi nancing company calls Owen about his payments and Owen tells them the car is defective. Th e fi nancing company tells him to take it up with a judge because they are coming for the car. Owen fi les a lawsuit against the dealership and fi nancing company for breach of contract. Th e dealership and fi nancing company fi le a Motion to Dismiss Owen’s claims based on the fact that the installment contract has an arbitration clause in it which states: Arbitration: All claims arising out of or related to the purchase, sale or payment of the above vehicle shall be decided exclusively by arbitration in the state of New York. Th e laws of the state of New York shall apply to this transaction and the unsuccessful party shall pay all fees related to the arbitration. Owen never saw the arbitration clause and more importantly, he lives in Oregon. How is he going to fi ght a lawsuit in New York? Owen wants to challenge the arbitration clause. He has hired your law fi rm to fi ght the Motion to Dismiss. What are Owen’s arguments in favor of striking down the arbitration clause? (You should review Oregon and New York law to support your position.)
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