Corporate
Jul. 17, 2006
Choice-of-Law Clauses Keep Conflicting Courts Busy
Focus Column - On public-policy grounds, the California Supreme Court confirmed the right of consumers to file putative classwide arbitration, and the justices refused to enforce waivers of consolidated proceedings included in a contractual clause.
Focus Column
By Lawrence Waddington
On public-policy grounds, the California Supreme Court confirmed the right of consumers to file putative classwide arbitration, and the justices refused to enforce waivers of consolidated proceedings included in a contractual clause. Discover Bank v. Sup. Ct., 36 Cal.4th 148 (2005). In addition to the arbitration clause, a choice-of-law clause in Discover Bank identified Delaware law applica...
By Lawrence Waddington
On public-policy grounds, the California Supreme Court confirmed the right of consumers to file putative classwide arbitration, and the justices refused to enforce waivers of consolidated proceedings included in a contractual clause. Discover Bank v. Sup. Ct., 36 Cal.4th 148 (2005). In addition to the arbitration clause, a choice-of-law clause in Discover Bank identified Delaware law applica...
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