The district court erred in holding that the delegation clause in the arbitration agreement in this case was unconscionable and therefore unenforceable.  The district court so ruled because the arbitration agreement also provided that if, for any reason, the dispute was not arbitrated, the parties waived a jury trial.  Such a pre-dispute waiver of jury trial is unenforceable under California law.  But the defect in that provision had nothing to do with delegation of arbitrability questions to the arbitrator.  If the arbitrator finds the dispute arbitrable, the jury waiver will be irrelevant; if he rules the other way, the court will strike the jury waiver.