BILL NUMBER: SB 907	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 6, 2014

INTRODUCED BY   Senator Monning

                        JANUARY 22, 2014

   An act to add  Section   Sections 
1297.18  and 1297.19  to the Code of Civil Procedure,
relating to international commercial disputes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 907, as amended, Monning. International commercial disputes:
representation and assistance.
   Existing law  , the International Commercial Arbitration and
Conciliation Act,  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.   express the intent of
the Legislature to promote California's interest in becoming a major
center for international commercial arbitration, and would require
the act to be construed liberally in order to effectuate that intent.

   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    (a)     The
Legislature finds and declares all of the following:  
   (1) The International Commercial Arbitration and Conciliation Act
was enacted in 1988 to recognize, support, and promote the benefits
of international arbitration and conciliation in California. 

   (2) California's robust, internationally oriented economy and
concentration of large companies occupying positions of global
leadership make California an ideal venue for international
commercial arbitration.  
   (3) The economic benefits of being a center for international
commercial arbitration are substantial, broadly based, and
distributed across both state and municipal levels.  
   (b) Therefore, it is the intent of the Legislature that the
International Commercial Arbitration and Conciliation Act be broadly
construed so as to promote California's interest in becoming a major
center for international commercial arbitration. 
   SECTION 1.   SEC. 2.   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. 3.    Section 1297.   19 is added to
the   Code of Civil Procedure   , to read: 

   1297.19.  This title shall be construed liberally in order to
effectuate its legislative intent. The purposes of this title and all
of its provisions with respect to powers granted shall be broadly
interpreted to effectuate that intent and purposes and not as to any
limitation of powers.  
  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.