Litigation & Arbitration
Nov. 3, 2022
Waiver of the right to arbitrate revisited
Because Quach has been accepted for review by the California Supreme Court, the California rule requiring a finding of prejudice to establish waiver may be scrutinized and even reconsidered.
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
On June 10, 2022, I wrote in the Daily Journal that the United States and California Supreme Courts were not on the same page about the legal rule to apply when deciding whether a party seeking to compel arbitration has waived the right to arbitrate. (The United States and California Supreme Courts are not on the same page.) The recent cases of...
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