Alternative Dispute Resolution
Jun. 6, 2012
Counterpoint: statute-approved arbitration clauses
Statutorily approved language would be an ineffective remedy to litigation over arbitration clauses. By Aaron Gundzik of Gartenberg Gelfand Hayton & Selden LLP
It has been recently suggested that the flood of litigation focused on enforcing arbitration agreements could be avoided if the state Legislature mandated the use of certain language for arbitration agreements. The idea would be that more statutes like Code of Civil Procedure Section 1295 - which specifies language for medical service arbitration agreements - and Section 1298 - which requires certain language for arbitration agreements in contrac...
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