Opening Up to International Arbitration

Yuval Miller, Munger
M. Anderson Berry, Jones Day

Abstract

Leah D. Harhay, Managing Editor of the World Arbitration & Mediation Review, provided key insights as an expert on this subject, having co-authored a forthcoming article on the topic with Professor David D. Caron of U.C. Berkeley Law School.

Due to an accident of legislative history, for the past decade California law has barred foreign attorneys from participating in international arbitrations located in the state, and erected significant barriers to such participation by attorneys from United States jurisdictions outside California. A previous proposal that would lower these barriers—endorsed by the California State Bar—failed to gain sufficient political momentum to rouse the attention of the Legislature. In 2011, however, the current law allowing out-of-state attorneys to practice in arbitrations (both domestic and international) will expire, presenting a unique opportunity to call the Legislature to action. With the Legislature focused on renewal of that law, and the State looking for new sources of revenue, now is the ideal time to enact overdue legislation that would encourage the establishment of California as a world center for international arbitration.