Commercial Law
May 18, 2011
Court Relaxes Attachment Law for Purposes of Arbitration
Ex parte grounds in state attachment law need not be strictly met when considering a right to attach order in arbitration. By Henry S. David of Snell & Wilmer
On March 22, the Court of Appeal issued a decision of great practical importance in light of the explosion of commercial matters that are arbitrated, not litigated in court. In California Retail Portfolio Fund GmbH v. Hopkins Real Estate Group, 193 Cal. App. 4th 849 (2d Dist. Mar. 22, 2011), the court ruled that the ex parte grounds in the state attachment law provide "guidance," but need not be strictly met, in determini...
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