Gilbert, AZ asked in Contracts, Copyright and Arbitration / Mediation Law for California

Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

1 Lawyer Answer
David H. Relkin
David H. Relkin
  • Arbitration & Mediation Lawyer
  • Manhasset, NY

A: The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may apply the Federal Arbitration Act (9 USC 1-10) and rule on that issue. You also need to be aware of the three-year statute for copyright, it could hamstring you even if the Arbitrator allowed the claim after that date.

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