Settle It Now Negotiation Blog
California Continues to Resist Preemptive Effect of Federal Arbitration Act
Just a quick note on a recent appellate case here holding that where the parties have agreed to conduct their arbitration in accordance with California law, the Federal Arbitration Act does not preempt state law on arbitrability.
The case is Best Interiors, Inc. v. Millie and Severson, Inc., here. This is a construction case. As soon as I read it, I'll get back to you on whether there's anything of value to be said about drafting, enforcing or resisting the enforcement of arbitration clauses in construction contracts.
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