A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may require the defendant either to pay the plaintiff’s share of arbitration costs or to
Arbitration
California will now allow out-of-state and foreign lawyers to provide legal services in international commercial arbitrations conducted in California SB 766. (CCP § 1297.185)
The new CCP §1297.185 essentially over rules the 1998 California Supreme Court case known as Birbower holding that lawyers from foreign nations could not…
Enforcement of an Arbitration Clause is for the Court not Arbitrator to Determine
In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California. ( Citing Johnson v. Siegel (2000) 84 Cal.App.4th 1087, 1095.) This is separate from fraudulent inducement to enter into the contract which happens to contain an arbitration clause. The latter is to be decided by the arbitrator. (Citing Ericksen, Arbuthnot, McCarthy, Kearney & Walsh Inc. v. 100 Oak Street, (1983) 35 Cal.3d 312, 323.) Read more …
Continue Reading Enforcement of an Arbitration Clause is for the Court not Arbitrator to Determine