Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. An action “commences” on the date the original complaint is filed with the court against the defendant. If other defendants are later added, those actions will have a different date of commencement.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
While many judicial filings are publicly available, private arbitration proceedings are generally confidential. Agreements to arbitrate and the rules of agencies that administer arbitrations can also require parties to keep an arbitration award confidential.
An arbitration proceeding is a private process. In addition, AAA staff and AAA neutrals have an ethical obligation to keep information confidential. However, the AAA takes no position on whether parties should or should not agree to keep the proceeding and award confidential between themselves.
Confidentiality. (a) An arbitrator must not use or disclose information that he or she received in confidence by reason of serving as an arbitrator in a case to gain personal advantage. This duty applies from acceptance of appointment and continues after the conclusion of the arbitration.
While arbitrations are held behind closed-doors and remain shielded from non-parties absent consent by both the parties and the Panel, the onus to maintain confidentiality is only on the arbitrators themselves—not the parties. There must be a clear agreement to maintain confidentiality.
Email Support to request assistance with using the site, to report broken links, or for assistance with Member Access. If you are an arbitrator and have questions concerning case assignments for hearings or questions regarding rendering a decision, please contact us at 1-866-977-3434 or arbitratorsupport@arbfile.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
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.