AB 897, as introduced, Gonzalez. 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 recast the provision regarding representation and assistance of parties, thus making the provision 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 also express the intent of the Legislature that those statutory provisions be broadly construed so as to promote California’s interest in becoming a major center for international commercial arbitration.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) The statutes governing the arbitration and conciliation of
4international commercial disputes were enacted in 1988 to
5recognize, support, and promote the benefits of international
6commercial arbitration and conciliation in California.
7(2) California’s robust, internationally oriented economy and
8concentration of large companies occupying positions of global
9leadership make California an ideal venue for international
10commercial arbitration.
11(3) The economic benefits of being a center for international
12commercial arbitration
are substantial, broadly based, and
13distributed across both state and municipal levels.
14(b) Therefore, it is the intent of the Legislature that the statutes
15governing the arbitration and conciliation of international
16commercial disputes be broadly construed so as to promote
17California’s interest in becoming a major center for international
18commercial arbitration.
Section 1297.18 is added to the Code of Civil
20Procedure, to read:
In any proceeding or procedure conducted pursuant
22to this title, the parties may appear in person or be represented or
23assisted by any person of their choice. A person representing or
24assisting a party need not be a member of the legal profession or
25licensed to practice law in California.
Article 2 (commencing with Section 1297.351) of
27Chapter 7 of Title 9.3 of Part 3 of the Code of Civil Procedure is
28repealed.
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