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Perspective

Apr. 20, 2013

Do you know when you're in an arbitration?

Any dispute brought before a third party for resolution is considered an arbitration. This has significant implications for many disputes, particularly those involving buy-sell agreements. By Richard Posell


By Richard Posell


An often-misunderstood aspect of California law is that any dispute brought before a third party for resolution is considered an arbitration. This has significant implications for many disputes, particularly those involving buy-sell agreements.


Consider the following scenario. Jones and Smith are shareholders in a company and have a shareholder agreement in place. The agreement provides, among other things, that if either should leave...

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