Alternative Dispute Resolution,
Government
Oct. 24, 2023
California’s detour from automatic arbitration appeal stays
SB 365 could potentially lead to parallel proceedings, where the main dispute continues in court while the appeal on the defendant’s petition to compel arbitration is pending, extending the dispute resolution process and increasing litigation costs. Furthermore, this may discourage parties from selecting California as the seat of arbitration due to the possible interference in the arbitration domain.
Tuyana Molokhoeva
General Counsel
Quandary Peak Research, Inc
Tuyana Molokhoeva, LL.M., is general counsel at Quandary Peak Research, Inc. Tuyana advises clients on IP litigation and arbitration involving trade secret misappropriation, breach of contract, and copyright infringement. She also provides assistance to experts at all stages including client onboarding, analysis of documentary evidence, discovery, and expert report drafting.
Senate Bill 365: A shift in California's arbitration landscape amid federal preemption concerns
On Oct. 10, Gov. Newsom signed Senate Bill 365, altering the interplay between arbitration and judicial proceedings in California. The Bill stipulates that trial court proceedings will not be automatically stayed while an appeal of an order dismissing or denying a petition to compel arbitration is pending. This law is set to take effec...
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 In