SAN FRANCISCO — The California
Supreme Court recently announced the creation of a International
Commercial Arbitration Working Group.
Chief Justice Tani G. Cantil-Sakauye
made the announcement in a news
release in February.
With the new group, the court wants
“to study the possibility of allowing foreign and out-of-state
attorneys to represent parties in international commercial
arbitrations situated in California,” according to the news
One of the tasks for the working group
will be to submit a report that would help the court in assessing
whether to allow foreign and out-of-state attorneys to take part in
such arbitrations. The report would include analysis of the relevant
state laws and regulations that have an effect on the issue.
In addition, the court wants the
report to identify issues and make recommendations for one or more
regulatory options that might be appropriate on the topic, and that
the report identify the benefits and drawbacks of each recommended
Serving as chair of the group is
Daniel Kolkey, a partner of Gibson, Dunn & Crutcher since 2003
who has served as an associate justice on the California Court of
Appeal, 3rd Appellate District, and as a counsel to the
governor, according to his bio page
on his firm's website.
Kolkey is also the chair of his firm's
California Appellate Law Practice Group, as well as a member both of
the firm's national appellate and constitutional-law practice group
and the litigation department.
Members of the group include Fred
Bennett, Cedric Chao, Maria Chedid, Professor Jeffrey Dasteel, Sally
Harpole, Professor Robert Lutz, Steve Smith, and Professor Abraham
Sofaer. Saul Bercovitch will be the group's State Bar of California
liaison, while Carin Fujisaki will be the Supreme Court liaison,
according to the news
According to a Georgetown legal
guide, international commercial arbitration is “an alternative
method of resolving disputes arising
out of commercial transactions between private parties across
national borders that allows the parties to avoid
litigation in national courts.”