Cal. Supremes Grant Review In Another Arbitration Case
Just last week, the California Supreme Court granted review on an arbitration question that has been plaguing litigants for years. Who decides - trial court or arbitrator - if the arbitration claim is barred by the arbitration statute of limitations?
As framed in the Court's online Weekly Summaries, the issue is: when a party seeks to compel arbitration, may the trial court decide if a claim is barred by a statute of limitations, as part of determining whether the party waived the right to arbitrate under CCP ยง 1281.2(a), or is application of a statute of limitations always resolved by the arbitrator? Wagner Construction Co. v. Pacific Mechanical Corp., S136255, unpublished opinion, review granted 10/26/05.
As framed in the Court's online Weekly Summaries, the issue is: when a party seeks to compel arbitration, may the trial court decide if a claim is barred by a statute of limitations, as part of determining whether the party waived the right to arbitrate under CCP ยง 1281.2(a), or is application of a statute of limitations always resolved by the arbitrator? Wagner Construction Co. v. Pacific Mechanical Corp., S136255, unpublished opinion, review granted 10/26/05.
