This Week at the Ninth: Arbitration and Accomodation | Morrison & Foerster LLP - Left Coast Appeals
The panel: Judges Bea, Thapar (CA6), and Collins, with Judge Thapar writing the opinion. Key highlight: “If any doubt remains, consider this. Only an interpretation that public injunctive relief remains available will render the arbitration provision ‘lawful’ and ‘capable of being carried into effect.’ Cal. Civ. Code § 1643. And only this interpretation facilitates arbitration. Mitsubishi, 473 U.S. at 626. So both California law and the FAA tell us what to do next—construe the...
Source: jdsupra.com