Litigation & Arbitration,
Contracts,
Alternative Dispute Resolution
May 20, 2010
Arbitration: Altering the Legal Landscape
Judge Lawrence Waddington (Ret.) concludes his discussion on arbitration's legislative and legal developments as an alternative to litigation.
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."
In determining whether an arbitration clause is enforceable, the courts have used substantive contract law terms, i.e., "unconscionable," to serve in a non-contractual forum of deciding whether to order arbitration. Although the court applies state substantive law in determining whether to order arbitration, none of the Armendariz rules requiring neutral arbitrators, limited discovery, a "reasoned" award, mutuality of remedies and cost shifting onto the employer, constitute Californ...