Dispositive Motions in Commercial Arbitration Proceedings in California
The purpose of California’s Arbitration Act (Code Civ. Proc., §§ 1280 -1294.2) (the “Act”) is to promote contractual arbitration as a more expeditious and less expensive means of resolving disputes than by litigation in court. If summary judgment is not available in a commercial arbitration proceeding, however, depending on the case, the arbitration may in fact last longer and be more expensive than a civil suit. Participants in commercial arbitration proceedings in California should therefore give serious consideration to filing dispositive motions in those proceedings.