PRETRIAL ADJUDICATION
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Contract Arbitration
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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.