Can an arbitration agreement include an express waiver of a plaintiff's right to a jury trial?

California, United States of America


The following excerpt is from Keating v. Superior Court, Alameda County, 109 Cal.App.3d 784, 167 Cal.Rptr. 481 (Cal. App. 1980):

Despite the importance of the constitutional right to a jury trial in a civil case (U.S.Const., 7th Amend.; Cal. Const., art. I, 16), the failure to include an express waiver of this right in an arbitration agreement does not render the agreement unenforceable. (Madden v. Kaiser Hospitals, supra, 17 Cal.3d at p. 714, 131 Cal.Rptr. 882, 552 P.2d 1178.) Given this proposition, a fortiori, such an express waiver was not required respecting petitioners' rights to discovery and punitive damages nor were real parties required to give petitioners the aforementioned information regarding costs in order for the arbitration provision to be enforceable.

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