SB 1241, as introduced, Wieckowski. Arbitration awards.
Existing law establishes standards for arbitration, and requires the court to vacate an arbitration award if it makes certain findings.
This bill would make a technical, nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1286.2 of the Code of Civil Procedure
2 is amended to read:
(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, fraud or other undue
6means.
7(2) There was corruption inbegin delete any of the arbitrators.end deletebegin insert an arbitrator.end insert
8(3) The rights of the party were substantially prejudiced by
9misconduct of a neutral arbitrator.
10(4) The arbitrators exceeded their powers and the award cannot
11be corrected without affecting the merits of the decision upon the
12controversy submitted.
P2 1(5) The rights of the party were substantially prejudiced by the
2refusal of the arbitrators to postpone the hearing upon sufficient
3cause being shown therefor or by the refusal of the arbitrators to
4hear evidence material to the controversy or by other conduct of
5the arbitrators contrary to the provisions of this title.
6(6) An arbitrator making the award either: (A) failed to disclose
7within the time required for disclosure a ground for disqualification
8of which the arbitrator was then aware; or (B) was subject to
9disqualification upon grounds specified in Section 1281.91 but
10failed upon receipt of timely demand to disqualify himself or
11herself as required by that provision. However, this subdivision
12does not apply to
arbitration proceedings conducted under a
13collective bargaining agreement between employers and employees
14or between their respective representatives.
15(b) Petitions to vacate an arbitration award pursuant to Section
161285 are subject to the provisions of Section 128.7.
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