This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Alternative Dispute Resolution,
Contracts,
Litigation & Arbitration

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails