Civil Litigation,
California Courts of Appeal
Mar. 5, 2019
Arbitration proceedings not a protected activity under anti-SLAPP
Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but it might come as a surprise to litigators that arbitration proceedings are not “protected activity” under the anti-SLAPP statute.
Jennifer J. Hagan
Partner
Hagan Law
Jennifer specializes in business litigation, corporate governance and breaches of fiduciary duties.
Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but instead one mutually agreed to by the parties through contract. However, it might come as a surprise to litigators that arbitration proceedings are not "protected activity" under the anti-SLAPP statute (Code of Civil Procedure Section 425.16), which potentially leaves arbitration participants exposed to new and additional litigation based on evidence raised during an arbitratio...
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