The Berkeley Journal of Int’l Law

May 2010

David D. Caron
Leah D. Harhay 

This Article highlights the challenges facing California in its efforts to become a center of international arbitration, provides examples of legislation for the California Bar and California State Legislature to consider, and suggests various avenues by which to bring California more fully into the international legal community. In particular, California unintentionally does not allow foreign attorneys to represent their clients in international arbitration conducted in California. Amidst both renewed efforts to make California a more likely seat of international arbitration and a legislative opening to revise this aspect of the law, change in the latter makes the former both possible and likely.  More…

The Daily Journal

 January 11, 2010

Yuval Miller
M. Anderson Berry 

Due to an accident of legislative history, for the past decade California law has barred foreign attorneys from participating in international arbitrations located in the state, and erected significant barriers to such participation by attorneys from United States jurisdictions outside California. A previous proposal that would lower these barriers—endorsed by the California State Bar—failed to gain sufficient political momentum to rouse the attention of the Legislature. In 2011, however, the current law allowing out-of-state attorneys to practice in arbitrations (both domestic and international) will expire, presenting a unique opportunity to call the Legislature to action. With the Legislature focused on renewal of that law, and the State looking for new sources of revenue, now is the ideal time to enact overdue legislation that would encourage the establishment of California as a world center for international arbitration.  More…  

[Leah D. Harhay, Managing Editor of the World Arbitration & Mediation Review, provided key insights as an expert on this subject, having co-authored a subsequent article on the topic with Professor David D. Caron of U.C. Berkeley Law School.]

Due to an accident of legislative history, for the past decade California law has barred foreign attorneys from participating in international arbitrations located in the state, and erected significant barriers to such participation by attorneys from United States jurisdictions outside California (“out-of-state attorneys”).  A previous proposal that would lower these barriers—endorsed by the California State Bar—failed to gain sufficient political momentum to rouse the attention of the Legislature.  In 2011, however, the current law allowing out-of-state attorneys to practice in arbitrations (both domestic and international) will expire, presenting a unique opportunity to call the Legislature to action.  With the Legislature focused on renewal of that law, and the State looking for new sources of revenue, now is the ideal time to enact overdue legislation that would encourage the establishment of California as a world center for international arbitration.