Alternative Dispute Resolution
Nov. 4, 2005
Courts Explore 'Arbitrability' Under U.S., State Statutes
Federal courts interpreting the Federal Arbitration Act (9 U.S.C. Section 1, et seq.) and California courts applying the California Arbitration Act (Code of Civil Procedure Section 1280, et seq.) continue to shape the arbitration legal landscape. Confronting challenges to the substantive terms of an arbitration clause or interpreting procedural statutes, courts increasingly invoke litigation language to resolve challenges to arbitration.
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."
Federal courts interpreting the Federal Arbitration Act (9 U.S.C. Section 1, et seq.) and California courts applying the California Arbitration Act (Code of Civil Procedure Section 1280, et seq.) continue to shape the arbitration legal landscape. Confronting challenges to the substantive terms of an arbitration clause or interpreting procedural statutes, courts increasingly invoke litigation language to resolve challenges to arbitration.
In ruling on a petition to compel arbitratio...
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