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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.