Alternative Dispute Resolution
Aug. 1, 2023
ADR legal issues haven't waned: Here are the most important decisions so far this year
The FAA does not preempt state court procedure. Assuming that SB 365 becomes law, if a complaint is filed in state court and a motion to compel arbitration is denied, the litigation will not be stayed even if the arbitration agreement provides that the FAA applies. Conversely, if a complaint is filed in or removed to federal court, the litigation will be stayed even if the arbitration agreement provides that the California Arbitration Act (CAA) applies.
Paul Dubow
Email: pdubow2398@aol.com
Dubow is an arbitrator and mediator, focusing on employment, ERISA withdrawal liability, commercial law, legal malpractice and securities matters.
Appellate courts with jurisdiction over California regularly issue cases involving alternate dispute resolution. In the first half of this year, the United States Supreme Court has issued one opinion, the Ninth Circuit has issued seven opinions, the California Supreme Court has issued two opinions, and the Court of Appeal has issued 32 opinions involving ADR. We discuss below some of the significant ones decided during this period.
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