PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Timeliness; Statute of Limitations
7 Cards On This Topic:
  • Unless legally excused, party cannot compel arbitration when it has failed to make timely demand.
  • Statute of limitations for action to compel insurer to arbitrate uninsured motorist claim begins to run when insurer refuses request to arbitrate.
  • Where parties agree to arbitrate any dispute arising out of their contract, affirmative defense that the SOL has run is for arbitrator rather than court to decide.
  • Petition to compel arbitration denied where right waived by proponent's failure to properly and timely assert it.
  • Bus. & Prof. Code §6201 requires attorneys to provide clients with written notice of right to arbitrate only after fee dispute has arisen.
  • Petition to compel arbitration of labor dispute under collective bargaining agrmt is 6 mos, running from time employer makes clear it will not submit to arbitration.
  • Contract SOL applies to action to compel arbitration, which is in essence suit in equity to compel specific performance of K.