Alternative Dispute Resolution
Feb. 7, 2024
Preemption and predispute arbitration agreements
PDAAs have given arbitration an undeserved bad reputation. Here is the way to fix the problem.
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.
On Jan. 3, Attorney General Rob Bonta settled the lawsuit brought by the Chamber of Commerce of the United States and other entities that sought to enjoin the enforcement of Section 432.6 of the Labor Code and Section 12953 of the Government Code, statutes that were created by the passage of AB 51 in 2019. The State agreed to an injunction barring enforcement of the two statutes where the underlying arbitration agreement was covered by the Federal Arbitration Act (FA...
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