Delta Funding Corp. v. Harris

In this appeal we have been asked to “answer a question of law certified to [this Court] by the United States Court of Appeals for the Third Circuit____” Rule 2:12A-1 (emphasis supplied). That question, as modified, was: “Is the arbitration agreement at issue, or any provision thereof, unconscionable under New Jersey law, *63and, if so, should such provision or provisions be severed?” Delta Funding Corp. v. Harris, 185 N.J. 255, 883 A.2d 1055 (2005). Stated succinctly, the question before us is whether the arbitration agreement here is unconscionable.

The majority enjoins at the outset that “the…