Litigation & Arbitration,
Alternative Dispute Resolution
May 25, 2012
Statutorily approved arbitration clauses could provide relief
Providing statutorily approved language could help end the flood of challenges to arbitration clauses.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Parties challenging arbitration continue to flood the courts with objections to enforcing the terms of an arbitration clause. Despite comprehensive arbitration clauses written in an attempt to disclose every facet of this alternative to litigation, California courts nevertheless find tenuous grounds for refusing to enforce arbitration. In Mayers v.Volt Mgmt. Corp., 203 Cal. App.4th 1194 (2012), and Samaniego v. Empire Today LLC., 2012 WL 1591 847, the court, citing Civil Code...