Judicial arbitration is a binding or non-binding process where an arbitrator applies the law to the facts of the case and issues an award. Fill out the form below to share the job California Court of Appeal Rules Arbitration Agreement Is Unenforceable.If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months. Contact our office at 7144098991 or fill out one of our contact forms online. Who Pays for Arbitration? Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of. Civil Procedure section 1141.11. The time to file a petition to compel arbitration does not begin to run until one party refuses to arbitrate. A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic.