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Doctrine & Statutes

California Code of Civil Procedure §§ 1281.97–1281.98

California's statutory deadline requiring the drafting party to pay arbitration fees within 30 days.

In consumer and employment arbitration, a drafting party that fails to pay the fees required to initiate or continue the arbitration within thirty days of the due date is in material breach, waives its right to compel arbitration, and exposes itself to mandatory monetary sanctions, fee awards, and evidentiary or discovery sanctions. For a respondent facing a large California inventory, the statute converts non-payment from a tactic into a liability.

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