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In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.

When is it enforceable? Arbitration agreements are subject to certain rules in order to have enforceability under California and federal law. If an arbitration agreement fails to meet these requirements, it can be held unenforceable.

In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...

This standard requires proposed arbitrators to disclose to all parties, in writing within 10 days of service of notice of their proposed nomination or appointment, all matters they are aware of at that time that could cause a person aware of the facts to reasonably entertain a doubt that the proposed arbitrator would ...

On January 1, 2024, U.S. District Court Judge Kimberly Mueller issued a decision permanently enjoining California state officials from enforcing AB 51, the contested law that sought to prohibit employers from “forcing” job applicants or employees to enter into pre-dispute employment arbitration agreements covering ...

A petition to compel arbitration must allege the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate such controversy. CCP § 1281.2 (c) (amended eff 1/1/19).

Arbitration Requirements in California Under California law, an employer can require its employees to agree to arbitration as a term of employment. However, if the agreement has too many unfair or biased conditions, courts may refuse to enforce the arbitration agreement or chop off the unfair terms.

Section 29A of the Arbitration and Conciliation Act, 1996 (“Act”), inserted vide theAmending Act of 2015 (w.e.f. 23.10. 2015), was meant to introduce time limit for completion of arbitration proceedings. It prescribed a statutory period of 12 (twelve) months from the date the arbitral tribunal enters upon reference.

An action is “brought to trial” when the jury is sworn in a jury trial, or when the first witness is sworn in a non-jury trial. If parties stipulate to arbitration, the arbitration proceedings must begin within the five year period. This five year period is “tolled” or paused in some situations.