An arbitration administrator or arbitrator cannot extend the statutory 30 day period within which a drafting party must pay arbitration fees or forfeit its right to arbitration. (CCP 1281.98.) The drafting party must pay within 30 days from the date that the fees initially become due. A later invoice or other attempt to extend the deadline is ineffective. See also… Read More
After successfully moving to compel arbitration of Suarez's wage-and-hour claim, the defendant employer failed to pay its share of the initial arbitration fee. This decision grants the employee's petition to vacate the order denying his motion to withdraw the dispute from arbitration on the ground that non-payment of the fee within 30 days of its due date was a breach… Read More
CCP 1281.97(a)(1) provides that the party that drafted a consumer or employee arbitration agreement must pay its share of the arbitration fees within 30 days of the payment due date. Failure to do so is a material breach of the arbitration agreement, allowing the opposing party to elect out of arbitration. This decision holds that the 30-day deadline is firm,… Read More
Under CCP 1281.97-1281.99, the party that drafted a consumer or employee arbitration agreement must pay its share of the arbitration fees within 30 days of the date they are due. If it fails to do so, the other party is entitled to a mandatory award of attorney fees and costs related to that breach of the arbitration agreement and may… Read More
