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Do the discovery provisions in SB 940 apply to arbitrations commenced before January 2025?

California’s SB 940 expands arbitration discovery, reversing the presumption of limited access unless parties opt out, but its retroactive application remains uncertain for ongoing cases.

On Jan. 1, 2025, discovery in arbitrations governed by California law significantly changed with the enactment of Senate Bill 940. SB 940 expands the scope of discovery available in arbitrations and the power of arbitrators to order discovery. Parties currently arbitrating disputes are uncertain as to how SB 940 impacts their proceedings. Do these changes apply retroactively to all pending proceedings or only prospectively to proceedings commenced after Jan. 1, 2025?

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