California – New commercial arbitration law

The new California law on commercial arbitration was signed on Wednesday the 18 July 2018 by the governor of California Jerry Brown.

This new law summarizes the research led by the workgroup which was created by the chief justice of the supreme court of California, an initiative launched in order to reform the Californian arbitration law.

Indeed, this state was considered to be against the liberal practice of arbitration for a long time, mainly because of the Supreme Court decision in 1998 which forbade lawyers from other states from defending clients in arbitration proceedings seated in California.

Now this rule has changed. However, if a foreign lawyer wants to defend a client in an arbitration in California, one of the five conditions will have to be respected. To take an example, the foreign lawyer is allowed to take part in the international arbitration if the applicable law is not the Californian law.

2018-08-06T22:41:14+00:00 July 31st, 2018|News|0 Comments

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