Arbitration

• Should I sign a contract with an arbitration clause?
• What type of arbitration? What types are there?
• When is arbitration undesirable?
• What recent developments have taken place in arbitration that might favorably (or unfavorably) affect me?
• What is the good, the bad, and the ugly about arbitration?

Mr. McCollum shocked the arbitration world, in 1983, by being lead counsel in a manner entitled Baar v. Tigerman and the AAA (9183) 140 Cal. App. 3d 979, the first time an arbitrator and arbitration service were ever held liable for their acts and omissions!

Prior to Baar the state of the law was that arbitrators were immune just like judges. Mr. McCollum's case temporarily change all of that.

Temporarily because a few years later the California legislature overruled the protections of Baar v. Tigerman and the AAA by enacting CCP Section 1280 et. seq.

However, part of the legislative overrulement package has now evaporated by the the existance of a "Sunset Clause".

What can happen to you, or an entity, inside of a private arbitration will be revealed in a series of monthly newsletters, each one stressing some aspect of arbitration, and/or recent developments.

Everyday more and more contracts and agreements have arbritration clauses. These include relations with your stockbroker, hospital, bank, the seller of the house you are about to buy, to name just a few.

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