Litigation & Arbitration
Feb. 5, 2025
California's new arbitration amendment is a legal tangle waiting to be unwound
See more on California's new arbitration amendment is a legal tangle waiting to be unwound
Barry S. Landsberg
Partner
Manatt, Phelps & Phillips LLP
2049 Century Park East, Suite 1700
Los Angeles , CA 90067
Phone: (310) 312-4259
Email: blandsberg@manatt.com
Emory University SOL; Atlanta GA
Joanna S. McCallum
Partner
Manatt, Phelps & Phillips, LLP.
2049 Century Park East, Suite 1700
Los Angeles , CA 90067
Email: jmccallum@manatt.com
California law appears headed for another collision with the Federal Arbitration Act (FAA), the "congressional declaration of a liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." Rosenthal v. Great Western Fin. Secs. Corp., 14 Cal. 4th 394, 405 (1996). The FAA preempts "[a]ny state law rule that 'singles out arbitration agreements for disfavored treatment.'" Garcia v...
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