BILL NUMBER: SB 907	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning

                        JANUARY 22, 2014

   An act to add Section 1297.18 to the Code of Civil Procedure,
relating to international commercial disputes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 907, as introduced, Monning. International commercial disputes:
representation and assistance.
   Existing law includes provisions that govern arbitration and
conciliation proceedings for international commercial disputes.
Existing law authorizes the parties in a conciliation proceeding to
appear in person or be represented or assisted by any person of their
choice, and provides that a person representing or assisting a party
is not required to be a member of the legal profession or licensed
to practice law in California.
   This bill would make these provisions regarding representation and
assistance of parties applicable to any arbitration or conciliation
proceeding conducted pursuant to the statutory provisions that govern
arbitration and conciliation of international commercial disputes.
The bill would encourage the Judicial Council and the State Bar of
California to revise specified rules to conform to these provisions.
The bill also would encourage the State Bar to form a California
International Commercial Dispute Resolution Council to perform
certain promotional and informational functions, and would prohibit
the State Bar from using annual membership fees or other state funds
for this purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1297.18 is added to the Code of Civil
Procedure, immediately following Section 1297.17, to read:
   1297.18.  In any proceeding or procedure conducted pursuant to
this title, the parties may appear in person or be represented or
assisted by any person of their choice. A person representing or
assisting a party need not be a member of the legal profession or
licensed to practice law in California.
  SEC. 2.  (a) The Legislature encourages the Judicial Council to
revise California Rule of Court 9.43 and the State Bar of California
to revise its rules regarding out-of-state attorney arbitration
counsel to provide that these rules do not apply to arbitration or
conciliation proceedings pursuant to Title 9.3 (commencing with
Section 1297.11) of the Code of Civil Procedure.
   (b) The Legislature encourages the State Bar of California to form
a California International Commercial Dispute Resolution Council to
actively promote California as a center for international commercial
arbitration and conciliation and to inform the international
community that California law allows the parties to international
commercial dispute arbitration proceedings to be represented or
assisted by any person of their choice and that the State of
California positively encourages the growth of international
arbitration in California. The State Bar of California shall not use
annual membership fees or other state funds for purposes of this
subdivision.