BILL NUMBER: SB 1241	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1286.2 of the Code of Civil Procedure is
amended to read:
   1286.2.  (a) Subject to Section 1286.4, the court shall vacate the
award if the court determines any of the following:
   (1) The award was procured by corruption, fraud or other undue
means.
   (2) There was corruption in  any of the arbitrators.
  an arbitrator. 
   (3) The rights of the party were substantially prejudiced by
misconduct of a neutral arbitrator.
   (4) The arbitrators exceeded their powers and the award cannot be
corrected without affecting the merits of the decision upon the
controversy submitted.
   (5) The rights of the party were substantially prejudiced by the
refusal of the arbitrators to postpone the hearing upon sufficient
cause being shown therefor or by the refusal of the arbitrators to
hear evidence material to the controversy or by other conduct of the
arbitrators contrary to the provisions of this title.
   (6) An arbitrator making the award either: (A) failed to disclose
within the time required for disclosure a ground for disqualification
of which the arbitrator was then aware; or (B) was subject to
disqualification upon grounds specified in Section 1281.91 but failed
upon receipt of timely demand to disqualify himself or herself as
required by that provision. However, this subdivision does not apply
to arbitration proceedings conducted under a collective bargaining
agreement between employers and employees or between their respective
representatives.
   (b) Petitions to vacate an arbitration award pursuant to Section
1285 are subject to the provisions of Section 128.7.