Alternative Dispute Resolution
Jun. 7, 2023
The scope of arbitration clauses
In a recent Ninth Circuit opinion applying California's arbitration law, the question of scope took center stage
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
Patrick Burns
Partner
Hanson Bridgett LLP
Email: pburns@hansonbridgett.com
Patrick is a partner in the firm's Appellate Practice. Patrick focuses on writs and appeals, as well as law and motion in the state and federal courts. A former litigator at a global law firm, Patrick has experience litigating high-stakes disputes. He can be reached at pburns@hansonbridgett.com and his blog posts can be read at www.appellateinsight.com.
A hallmark of arbitration law is that in order to compel parties to arbitration, there must be a valid agreement to arbitrate the disputed claims. That usually involves two separate questions: (1) is the arbitration agreement valid, i.e., did the parties agree to arbitration and are there any state-law defenses (such as fraud or unconscionability) that render the agreement invalid; and (2) if the agreement is valid, does it encompass the parties' dispute? The second q...
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