The California Legislature enacted SB 708, effective January 1, 2020, as a further attack on arbitration in California. SB 708 states, in part, that:
In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.
The statute does not define “due date”, nor does it advise whether the 30-day deadline can be waived or extended by agreement either with the Claimant or with the Arbitral forum. A copy of the statute is here: SB 707