California Mediation and Arbitration

Category: Arbitration: Nonsignatories

Arbitration: Second District, Division 2, Affirms Orders Denying Motions To Compel Arbitration

March 20, 2012 · Arbitration: Nonsignatories, Arbitration: Scope, Arbitration: Section 1281.2, Arbitration: Standard of Review, Celebrities

  In One Case, Arbitration Presented Possibility Of Inconsistent Rulings, And In The Other Case, Arbitration Of Indemnification Claim Was Beyond The Scope Of The Agreement To Arbitrate      The following scenario reminds me of cases I have litigated – and arbitrated. Buyer discovers water intrusion in home she buys, and sues Developer and later […]

Nonsignatories/Burden of Proof/Equitable Estoppel/Third-Party Beneficiaries: Third Party Non-Signatories Cannot Successfully Move to Compel Arbitration Agreement Where They Are Neither Sufficiently Tied to The Parties to the Agreement Nor Third Party Bene

February 25, 2012 · Arbitration: Burden of Proof, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

  Nonsignatory Has Burden of Proof to Establish It is Party to the Arbitration Agreement and Entitled to Enforce It.      In Jones v. Jacobson, 195 Cal.App.4th 1 (2011), Societe Generale and a related entity (SG appellants) were sued along with Jacobson by the Joneses in connection with a failed investment, and sought to arbitrate. […]