Saturday, February 06, 2010

Court of Appeal Upholds Arbitration Agreement

I know, I've been remiss in my blogging. Blame it on Jennifer Shaw's new baby. She can't read yet.

So, the Court of Appeal in Dotson v. Amgen (opinion here) held that Amgen's arbitration agreement was lawful. Specifically, a limitation of one deposition per side unless the arbitrator ordered more based on need was lawful. The Court also noted that a provision reserving all interpretation issues to the arbitrator save unconscionability was ok. The Court also held that a provision permitting appellate review in a separate court action to set aside an award was lawful.

The model arbitation agreements can be amended again.