BILL NUMBER: AB 1090	CHAPTERED
	BILL TEXT

	CHAPTER  133
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 22, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	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, 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 certain ethics requirements and
standards are nonnegotiable and shall not be waived.


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) The ethics requirements and standards of this chapter are
nonnegotiable and shall not be waived.