Litigation & Arbitration
Jun. 14, 2023
Proposed law would let cases proceed as arbitration is considered
State Sen. Scott Wiener said SB 365 addresses a “procedural loophole” and would not run afoul of the Federal Arbitration Act.
A party could no longer automatically stay a civil case by moving to compel arbitration under a bill that passed the Assembly Judiciary Committee on Tuesday.
If signed, SB 365 will almost certainly face a challenge under the Federal Arbitration Act. But the bill’s author, Sen. Scott Wiener, D-San Francisco, said he is confident it won’t be preempted.
“The bill closes a legal loophole, a procedural loophole, that ...
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