PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Not in Scope of Agreement
............Determining Scope
16 Cards On This Topic:
  • Limitation clause precluding consequential damages limits scope of arbitration.
  • Doubts resolved against drafter in case governed by California law.
  • Based on plain language of CC 2860, parties must arbitrate that part of K dispute pertaining to atty's fees owed to Compulink for its defense by independent Cumis counsel.
  • Rehab and convalescent center may not compel arbitration of family members' individual claims for violation of Patient Bill of Rights and wrongful death.
  • Arbitration clause between Blue Cross and hospital not broad enough to apply to medical staff's defamation action against Blue Cross.
  • P's tort claims, occurring after employment termination, fell within scope of arbitration clause because they stemmed from contractual relationship between parties.
  • CC 2860 does not require the arbitration of disputes between insurer and insured over insurer's responsibility for defense expenses incurred by insured's independent counsel.
  • Arbitration conducted "in accordance with" the AAA Commercial Dispute Resolution Procedures must take place before that body.
  • Law partnership agreement's broad arbitration clause encompasses claim for dissolution of partnership and accounting.
  • "Arising from" clause found more limited than "relating to" clause.
  • Agreement read as whole did not provide for arbitration of malpractice claims.
  • Clause calling for arbitration of disputes in connection with agreement covers tort claims.
  • Franchise agreement and sublease read together to require unlawful detainer arbitration.
  • "Any controversy" clause covers tort claims, but not antitrust claims.
  • Clause calling for accountants to determine disputes regarding receipts and expenses does not cover tort claims.
  • Clause calling for arbitration of "any controversy arising out of or relating to K" covers tort claims.