California Governor Jerry Brown signed
into law Senate Bill 766, which
allows out of state lawyers to represent parties in commercial arbitrations
located in California. The previous restriction on out of state lawyers stemmed from the California
Supreme Court decision
in Birbrower,
Montalbano, Condo & Frank v. Superior Court of Santa Clara County,
17 Cal. 4th 119 (1998). As I pointed out in a past post,
the extra burden imposed by that decision may have led some parties to draft arbitration clauses to steer
arbitration away from California.
Dixon
Dern, a California attorney, arbitrator, and mediator, offers a
more detailed discussion
of the bill and its requirements.
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