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Federal Arbitration Act › Fees

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Ervin Cohen & Jessup LLP

Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

Ervin Cohen & Jessup LLP on

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

Husch Blackwell LLP on

On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

Fenwick & West LLP on

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

Buchalter on

In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Ervin Cohen & Jessup LLP

An Attorney’s Inadvertence, Mistake, or Excusable Neglect Is Not Sufficient to Overcome The Bright-Line Rule for Arbitration Fee...

Ervin Cohen & Jessup LLP on

Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more

Pillsbury Winthrop Shaw Pittman LLP

California Courts Continue Allowing Employees and Consumers to Return to Court Following Late Payment of Arbitration Fees

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Some cases have limited California’s statutory right to withdraw from arbitration based on late fee payments, but many others have enforced this strict rule, making timely payment of arbitration fees and carefully worded...more

Proskauer - California Employment Law

Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees

Proskauer - California Employment Law on

Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) - Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more

Carlton Fields

New Jersey Court Compels Arbitration, Declines To Appoint Substitute Arbitrator Despite “Exorbitant” Administrative Fee

Carlton Fields on

Terra Finance LLC brought an action to compel arbitration. Defendant Acrow Corporation moved to dismiss the action under Fed. R. Civ. P. 12(b)(6), arguing that the arbitration clause was unconscionable, and therefore...more

Burr & Forman

FINRA Proposes Arbitration and Exam Fee Increases, Declares Rebate

Burr & Forman on

Following the final 2014 meeting of the Board of Governors last week, FINRA announced its proposal to increase fees associated with cancelling or postponing an arbitration hearing. In a December 4, 2014 email to firms, FINRA...more

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