Compelling and Staying Arbitration in California

by Kim M. Watterson, Devin Misour, and David M. Halbreich, Reed Smith LLP, with Practical Law Arbitration

A Practice Note that provides guidance for counsel on requesting judicial assistance in California state courts to compel or stay arbitration. This Practice Note examines the key choice-of-law issues between the Federal Arbitration Act (FAA) and the California Arbitration Act (CAA), detailing when each applies and how they intersect. It addresses critical threshold questions courts evaluate, including the existence and scope of a valid arbitration agreement, arbitrability, and statutory grounds for denying a petition. This resource also explores procedural and substantive unconscionability, waiver, and other defenses to enforcement. It offers practical insights into the procedural requirements for filing petitions, seeking provisional remedies, and appealing court orders related to arbitration, making it an essential tool for practitioners navigating arbitration disputes in California.