California Supreme Court
Apr. 16, 2016
Applying provisional remedies without waiving arbitration
Recently, the California Supreme Court unanimously held that a clause in an arbitration agreement permitting a party to seek preliminary injunctive relief in superior court does not render the agreement unconscionable. By Todd B. Scherwin and Andrew J. Hoag
Todd B. Scherwin
Partner
Fisher & Phillips LLP
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Email: tscherwin@fisherphillips.com
USC Law School
Recently, the California Supreme Court unanimously held that a clause in an arbitration agreement permitting a party to seek preliminary injunctive relief in superior court does not render the agreement unconscionable. The case, Baltazar v. Forever 21 Inc., 2016 DJDAR 2926 (March 28, 2016), provides employers with a precedential decision that an arbitration provision tracking the permissive-provisional-remedy language of Code of Civil Procedure Section 1281.8 is not substantively ...
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