Alternative Dispute Resolution
Apr. 2, 2005
State, Federal Rules Conflict On Crucial Arbitration Issue
Drafting arbitration agreements no longer warrants copying a form or using boilerplate language in commercial contracts. And "commercial" agreements are not restricted to contracts for sales or services.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Drafting arbitration agreements no longer warrants copying a form or using boilerplate language in commercial contracts. And "commercial" agreements are not restricted to contracts for sales or services.
The Federal Arbitration Act, as interpreted by Supreme Court and U.S. Circuit Court of Appeals precedent, includes employment, consumer and franchise agreements within the ambit of "commerce." California courts also conclude these categories are subject to arbitration under the Cal...
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