Bill Text: CA AB1090 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Arbitration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 133, Statutes of 2009. [AB1090 Detail]

Download: California-2009-AB1090-Amended.html

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BILL NUMBER: AB 1090	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 12, 2009

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 27, 2009

   An act to amend Section 1281.85 of the Code of Civil Procedure,
relating to arbitration.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1090, as amended, Monning. Arbitration.
   Existing law requires a person serving as a neutral arbitrator
pursuant to an arbitration agreement to comply with the ethics
standards for arbitrators adopted by the Judicial Council. Existing
law also specifies that these provisions do not apply to an
arbitration conducted pursuant to the terms of a public or private
sector collective bargaining agreement.
   This bill would specify that  these   certain
 ethics requirements and standards are nonnegotiable and shall
not be waived.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1281.85 of the Code of Civil Procedure is
amended to read:
   1281.85.  (a) Beginning July 1, 2002, a person serving as a
neutral arbitrator pursuant to an arbitration agreement shall comply
with the ethics standards for arbitrators adopted by the Judicial
Council pursuant to this section. The Judicial Council shall adopt
ethical standards for all neutral arbitrators effective July 1, 2002.
These standards shall be consistent with the standards established
for arbitrators in the judicial arbitration program and may expand
but may not limit the disclosure and disqualification requirements
established by this chapter. The standards shall address the
disclosure of interests, relationships, or affiliations that may
constitute conflicts of interest, including prior service as an
arbitrator or other dispute resolution neutral entity,
disqualifications, acceptance of gifts, and establishment of future
professional relationships.
   (b) Subdivision (a) does not apply to an arbitration conducted
pursuant to the terms of a public or private sector collective
bargaining agreement.
   (c)  These   The  ethics requirements
and standards  of this chapter  are nonnegotiable and shall
not be waived.