Amended in Senate March 24, 2014

Amended in Senate March 6, 2014

Senate Bill No. 907

Introduced by Senator Monning

January 22, 2014

An act to add Sections 1297.18 and 1297.19 to begin insert , and to repeal Article 2 (commencing with Section 1297.351) of Chapter 7 of Title 9.3 of Part 3 of, end insert 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 begin delete law, the International Commercial Arbitration and Conciliation Act, end delete begin insert law end insert 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 begin delete make these provisions end delete begin insert recast the provision end insert regarding representation and assistance of parties begin insert , thus making the provision end insert 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 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: 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 begin delete International Commercial Arbitration and Conciliation
Act was end delete begin insert statutes governing the arbitration and conciliation of
international commercial disputes were end insert enacted in 1988 to
recognize, support, and promote the benefits of international
begin insert commercial end insert 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
begin delete International Commercial Arbitration and Conciliation Act end delete begin insert statutes
governing the arbitration and conciliation of international
commercial disputes end insert be broadly construed so as to promote
California’s interest in becoming a major center for international
commercial arbitration.

SEC. 2.  

Section 1297.18 is added to the Code of Civil
Procedure, 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.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Article 2 (commencing with Section 1297.351) of
Chapter 7 of Title 9.3 of Part 3 of the end insert begin insert Code of Civil Procedure end insert begin insert is
repealed. end insert