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Arbitration Agreement Lacking Specific Provisions About How Arbitration Will Be Conducted Found To Be Enforceable.

November 4, 2013 by Leave a Comment

Arbitration Agreement 3 Monopoly A trial court denied a petition to compel arbitration, finding there was no valid arbitration agreement because there was no specification about what agency or person would conduct it or how the arbitrator would be selected. The appellate court reversed, stating “because the court has the power to appoint an arbitrator under [Code of Civil Procedure] section 1281.6 when the parties fail to agree upon a method for appointment, we conclude that neither the absence of a definite method, nor the presence of “alternative options,” for appointing an arbitrator renders an otherwise valid arbitration agreement enforceable.” (HM DG, Inc. v. Etemad and Beizai (Cal. App. Second Dist., Div. 3; September 20, 2013) 219 Cal.App.4th 1100, [162 Cal.Rptr.3d 412].)

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Recent News

What Happens When Business Partners Can’t Agree? Legal Options in California

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Quick answer: When business partners cannot agree in California, the first step is reviewing the partnership agreement for dispute resolution clauses. If direct negotiation fails, partners can pursue mediation, arbitration, a structured buyout, or—as a final resort—judicial … Read More...

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Quick answer: If a contractor damages your property in California, immediately stop the work to prevent further harm. Document the damage using photos and videos, and review your written contract. Next, notify the contractor in writing and verify their active insurance and … Read More...

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Getting the keys to your new home is a huge milestone! You've probably spent weeks planning room layouts and picking out paint colors. But the excitement can quickly fade if an unexpected legal letter arrives in the mail months later, claiming someone else has a right to your … Read More...

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The Mellor Law Firm, APLC
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