Yes. Arbitration is a matter of contract and the existence of an agreement between the parties is what accords the arbitration process its special stature. The U.S. Supreme Court has said that the purpose of the Federal Arbitration Act, (FAA), was to put agreements to arbitrate on the same footing as other contracts and susceptible to amendment or modification like any other. Therefore, parties could amend the contract, (consistent with its provisions), and agree to substitute as their ADR choice the provisions of CPRC Sec. 151 et seq. The parties may also amend an arbitration clause with a Rule 11 agreement, provided the underlying contract would not prohibit modification in such fashion.
One thing to consider in such amendment is that an arbitration clause is no ordinary contract provision.… → Read More