Can an arbitration clause be interpreted to require arbitration of the dispute?

California, United States of America


The following excerpt is from Hsu v. Prime Healthcare Servs. Iii, LLC, E060953 (Cal. App. 2015):

"'[T]he burden is on "the party opposing arbitration to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute."' [Citation.] In other words, 'an order to arbitrate a particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.' [Citation.]" (Titolo v. Cano (2007) 157 Cal.App.4th 310, 316-317.)

Page 7

"'When a trial court's interpretation of a written agreement is appealed and no conflicting extrinsic evidence was admitted, the interpretation of the contract is a question of law which we review de novo. [Citations.]' [Citation.]" (Rancho Pauma Mutual Water Company v. Yuima Municipal Water District (2015) 239 Cal.App.4th 109, 115.)

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