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California's Law Barring Mandatory Arbitration Agreements Permanently Enjoined. A federal district court recently entered a permanent injunction barring California from enforcing Assembly Bill 51, the law intended to preclude employers from requiring arbitration agreements as a condition of employment.

The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.

A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.

Both parties must agree to submit to arbitration; no one party is "dragged into court." It is also relatively private, usually involving only the interested parties and relevant witnesses, if necessary, and it provides the parties with an opportunity to choose an arbitrator with experience relevant to the substance of ...

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 ...

A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration.

However, in order for the arbitration agreement to be enforceable, the process agreed to must be fair and impartial and not “shock the conscience” of the reviewing court due to its substantial limitations and procedural roadblocks.

Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.