Senate BillNo. 1007


Introduced by Senator Wieckowski

February 10, 2016


An act to amend Section 1286.2 of the Code of Civil Procedure, relating to arbitration.

LEGISLATIVE COUNSEL’S DIGEST

SB 1007, as introduced, Wieckowski. Arbitration awards.

Existing law establishes standards for arbitration, and requires a court to vacate an arbitration award if it makes certain findings.

This bill would, in addition, require a court to dismiss an arbitration award if the court determines that the rights of a party were substantially prejudiced by the refusal of the arbitrators to allow the party, at the party’s expense, to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record.

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

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1286.2 of the Code of Civil Procedure
2 is amended to read:

3

1286.2.  

(a) Subject to Section 1286.4, the court shall vacate
4the award if the court determines any of the following:

5(1) The award was procured by corruption, fraudbegin insert,end insert or other undue
6means.

7(2) There was corruption in any of the arbitrators.

8(3) The rights of the party were substantially prejudiced by
9misconduct of a neutral arbitrator.

P2    1(4) The arbitrators exceeded their powers and the award cannot
2be corrected without affecting the merits of the decision upon the
3controversy submitted.

4(5) The rights of the party were substantially prejudiced by the
5refusal of the arbitrators to postpone the hearing upon sufficient
6cause beingbegin delete shown therefor orend deletebegin insert shown;end insert by the refusal of the
7arbitrators to hear evidence material to the controversybegin insert; by the
8refusal of the arbitrators to allow a party, at the party’s expense,
9to have a certified shorthand reporter transcribe any deposition,
10proceeding, or hearing as the official record;end insert
or by other conduct
11of the arbitrators contrary to the provisions of this title.

12(6) An arbitrator making the award either: (A) failed to disclose
13within the time required for disclosure a ground for disqualification
14of which the arbitrator was then aware; or (B) was subject to
15disqualification upon grounds specified in Section 1281.91 but
16failedbegin insert,end insert upon receipt of timely demandbegin insert,end insert to disqualify himself or
17herself as required by that provision. However, this subdivision
18does not apply to arbitration proceedings conducted under a
19collective bargaining agreement between employers and employees
20or between their respective representatives.

21(b) Petitions to vacate an arbitration award pursuant to Section
221285 are subject to the provisions of Section 128.7.



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