Blogging About California Mediation And Arbitration Since 2012. I started this blog on California Mediation And Arbitration in 2012. I just noticed that the number of posts recently passed 1000. That's about 100 per year. Readers may have noticed that the formatting of this blog is similar to that of California Attorneys Fees. […]
Clickwrap? Browserwrap? Scrollwrap? Sign-in Wrap? When does one's use of a website result in an agreement to arbitrate? Concurring with the majority, Judge M. Miller Baker candidly observes that this is an "evolving and fact-bound area." Here, Judge Paul J. Watford, writing for the majority, and Judge Baker, concurring, agreed that the […]
The Rule SCOTUS Applies To Petitions To Confirm Or Vacate Is Different Than The Rule It Applies To Motions To Compel Arbitration. In an 8-1 decision, Justice Elena Kagan, writing for the court majority, explains that federal courts, when determining whether federal jurisdiction exists to decide a petition to vacate an arbitration award, should […]