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Litigation & Arbitration,
California Courts of Appeal

Feb. 18, 2025

California says that preemption does not excuse untimely payment of arbitration invoices

A recent appellate decision tackles whether federal law trumps the state's strict timing requirements for paying arbitration fees, setting the stage for potential review by both the California and U.S. Supreme Courts.

Michael Afar

Partner, Seyfarth Shaw LLP

2029 Century Park E Ste 3500
Los Angeles , CA 90067

Phone: (310) 201-9301

Email: mafar@seyfarth.com

Loyola Law School; Los Angeles CA

Phillip J. Ebsworth

Partner, Seyfarth Shaw LLP

Phone: (916) 498-7012

Email: pebsworth@seyfarth.com

Shutterstock

The 1st Appellate District in Colon-Perez v. Security Industry Specialists, Inc., is the latest court to address whether the California Arbitration Act's provisions regarding timely payment of arbitration invoices are preempted by the Federal Arbitration Act. This issue has become ripe for review by the California Supreme Court and the United States Supreme Court.

Code Civ. Proc. §§ 1281.97 and 1281.98

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