California Courts of Appeal
Dec. 29, 2011
Panel upholds ruling against arbitration
It's up to California judges - not an arbitrator - to determine whether defendants have waived their right to arbitration, a state appellate court ruled this week.
By Laura Ernde
Daily Journal Staff Writer
It's up to California judges - not an arbitrator - to determine whether defendants have waived their right to arbitration, a state appellate court ruled this week in an unpublished opinion.
The California Arbitration Act, which allows the trial court judge instead of an arbitrator to decide waiver questions, is not pre-empted by the Federal Arbitration Act, the 1st District Court of Appeal ruled Tuesday.
The ruling st...
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