Litigation & Arbitration
Apr. 4, 2022
Arbitration: In the beginning was the word
There’s something deeper which breeds faith in the written words of a contract. It is the ancient conceit that words reflect the intention of the parties.
Civic Center Courthouse
Curtis E.A. Karnow
Judge
San Francisco County Superior Court
Trials, Settlements
Judge Karnow is author of "Litigation in Practice" (2017) and current co-author of Weil & Brown et al., "California Practice Guide: Civil Procedure Before Trial" (Rutter).
I have been preparing course materials on arbitration. This has me thinking of the tension between public and private interests that seem to underlie (i) disputes in many petitions to compel arbitration, and (ii) the tension between the U.S. Supreme Court, which sees the federal arbitration act as a mandate for arbitration regardless of other policies, and state law which sometimes attends to other policies as well – most obviously the right to a jury and access to th...
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