Claims, Claims Everywhere, Not A Court In Sight

Arbitration has long been viewed as a civil defendant’s best friend. Relatively efficient, less expensive, and private, it has become an attractive alternative to highly public, discovery-ridden, drawn-out court proceedings—particularly class actions. But in a recent decision, the California Supreme Court made the courts unavailable as the default forum to adjudicate at least one basic issue of arbitrability that even defendants hoped fell under their purview.

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