3rd Circuit: Agreement Can Be Enforced Despite Language Barrier

August 29, 2008

A Spanish-speaking worker who signed an employment agreement written in English cannot later escape a mandatory arbitration clause in the agreement on the grounds that he did not understand it, a divided 3rd Circuit panel has ruled. In , 3rd Circuit Judge Michael Chagares found that under the "objective theory of contract formation," courts cannot make exceptions for those who willingly sign a contract without understanding it -- even in the case of a language barrier.