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Tag Archives: arbitration

Arbitration Clauses Are Not Always Enforceable

Two recent California Courts of Appeal decisions illustrate possible pitfalls in defendants’ attempts to compel arbitration of an employment dispute. In Garcia v. Haralambos Beverage Co., 2021 DJDAR 118, the Second District Court of Appeal upheld the trial court’s order denying defendant’s motion to compel arbitration, despite arbitration agreements signed by the plaintiffs.  The Court […]

Be Careful of Arbitration Provisions

Most business people, and some consumers, are aware that many of the contracts into which they enter contain arbitration provisions. Such provisions typically provide that, should a dispute arise under the contract, the parties must utilize arbitration to resolve their differences instead of resorting to the civil courts. Although these provisions are so common that […]

Beware Waiting to Compel Arbitration

Some defendants, when facing a lawsuit filed in federal court, may elect to litigate in that court even though a binding arbitration provision is available to them. The reasons for doing so may be unimpeachable, such as availability of certain types of relief or the potential for precedential decisions. A strategy to delay making that […]