The arbitration discovery thicket of SB 940
California’s new Senate Bill 940, effective January 1, 2025, expands discovery rights in arbitration, aligning them with California court procedures, but raises significant legal questions about its scope, conflicts with federal law, and the burden on arbitrators to manage increased discovery requests.
Arbitration users in California have operated for decades under a system, common throughout the arbitration world, in which discovery was not expected. Some discovery rights were added, including in employment arbitrations; however, as more disputes find their way into arbitration, litigators have pressured the arbitration system to become more like court.
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Daily Journal
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