Here are quick takeaways from Heller v Uber ( 2020SCC 16) :
1. Employment cases are to determined under the Arbitrations Act even if they have a international aspect.
2. Under the Arbitrations Act, a Court may choose not to defer to an arbitrator on the issue of jurisdiction if the validity of the agreement is in question.
3. An arbitration agreement can be illegal if it is unconscionable.
4. If an arbitration procedure is effectively not accessible to one party, then that can make it unconscionable.
5. This agreement was not accessible to Heller due to cost, location of arbitration and choice of law., thus it was unconscionable, thus illegal and unenforceable .
6. The SCC declined to rule of the issue as to whether it was invalid because it offended the ESA.