An agreement between a franchisor and franchisee provides that at the end of the arbitration, the arbitrator
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Question:
An agreement between a franchisor and franchisee provides that at the end of the arbitration, the arbitrator may award attorneys' fees and costs to the prevailing party.Thus, if the franchisee is unsuccessful, a fee award may be entered against it. In court, fees may be awarded against the unsuccessful franchisee only if the claims are found to be frivolous.Assuming the agreement is a contract of adhesion, would this provision be unconscionable?
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