CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 1281.85-1281.95
CCP 1281.85. Beginning July 1, 2002, a person serving as
a neutral arbitrator pursuant to an arbitration agreement shall
comply with the ethics standards for arbitrators adopted by the
Judicial Council pursuant to this section. The Judicial Council
shall adopt ethical standards for all neutral arbitrators effective
July 1, 2002. These standards shall be consistent with the standards
established for arbitrators in the judicial arbitration program
and may expand but may not limit the disclosure and disqualification
requirements established by this chapter. The standards shall address
the disclosure of interests, relationships, or affiliations that
may constitute conflicts of interest, including prior service as
an arbitrator or other dispute resolution neutral entity, disqualifications,
acceptance of gifts, and establishment of future professional relationships.
1281.9. (a) In any arbitration pursuant to an arbitration
agreement, when a person is to serve as a neutral arbitrator, the
proposed neutral arbitrator shall disclose all matters that could
cause a person aware of the facts to reasonably entertain a doubt
that the proposed neutral arbitrator would be able to be impartial,
including all of the following:
(1) The existence of any ground specified in Section
170.1 for disqualification of a judge.
(2) Any matters required to be disclosed by the
ethics standards for neutral arbitrators adopted by the Judicial
Council pursuant to this chapter.
(3) The names of the parties to all prior or pending
noncollective bargaining cases in which the proposed neutral arbitrator
served or is serving as a party arbitrator for any party to the
arbitration proceeding or for a lawyer for a party and the results
of each case arbitrated to conclusion, including the date of the
arbitration award, identification of the prevailing party, the names
of the parties' attorneys and the amount of monetary damages awarded,
if any. In order to preserve confidentiality, it shall be sufficient
to give the name of any party who is not a party to the pending
arbitration as "claimant" or "respondent" if
the party is an individual and not a business or corporate entity.
(4) The names of the parties to all prior or pending
noncollective bargaining cases involving any party to the arbitration
or lawyer for a party for which the proposed neutral arbitrator
served or is serving as neutral arbitrator, and the results of each
case arbitrated to conclusion, including the date of the arbitration
award, identification of the prevailing party, the names of the
parties' attorneys and the amount of monetary damages awarded, if
any. In order to preserve confidentiality, it shall be sufficient
to give the name of any party not a party to the pending arbitration
as “claimant" or "respondent" if the party
is an individual and not a business or corporate entity.
(5) Any attorney-client relationship the proposed
neutral arbitrator has or had with any party or lawyer for a party
to the arbitration proceeding.
(6) Any professional or significant personal relationship
the proposed neutral arbitrator or his or her spouse or minor child
living in the household has or has had with any party to the arbitration
proceeding or lawyer for a party.
(b) Subject only to the disclosure requirements
of law, the proposed neutral arbitrator shall disclose all matters
required to be disclosed pursuant to this section to all parties
in writing within10 calendar days of service of notice of the proposed
nomination or appointment.
(c) For purposes of this section, "lawyer
for a party" includes any lawyer or law firm currently associated
in the practice of law with the lawyer hired to represent a party.
(d) For purposes of this section, "prior
cases" means noncollective bargaining cases in which an arbitration
award was rendered within five years prior to the date of the proposed
nomination or appointment.
(e) For purposes of this section, "any arbitration"
does not include an arbitration conducted pursuant to the terms
of a public or private sector collective bargaining agreement.
1281.91. (a) A proposed neutral arbitrator shall be disqualified
if he or she fails to comply with Section 1281.9 and any party entitled
to receive the disclosure serves a notice of disqualification within15
calendar days after the proposed nominee or appointee fails to comply
with Section 1281.9.
(b) (1) If the proposed neutral arbitrator complies
with Section 1281.9, the proposed neutral arbitrator shall be disqualified
on the basis of the disclosure statement after any party entitled
to receive the disclosure serves a notice of disqualification within
15 calendar days after service of the disclosure statement.
(2) A party shall have the right to disqualify
one court-appointed arbitrator without cause in any single arbitration,
and may petition the court to disqualify a subsequent appointee
only upon a showing of cause.
(c) The right of a party to disqualify a proposed
neutral arbitrator pursuant to this section shall be waived if the
party fails to serve the notice pursuant to the times set forth
in this section, unless the proposed nominee or appointee makes
a material omission or material misrepresentation in his or her
disclosure. Except as provided in subdivision (d), in no event may
a notice of disqualification be given after a hearing of any contested
issue of fact relating to the merits of the claim or after any ruling
by the arbitrator regarding any contested matter. Nothing in this
subdivision shall limit the right of a party to vacate an award
pursuant to Section 1286.2, or to disqualify an arbitrator pursuant
to any other law or statute.
(d) If any ground specified in Section 170.1 exists,
a neutral arbitrator shall disqualify himself or herself upon the
demand of any party made before the conclusion of the arbitration
proceeding. However, this subdivision does not apply to arbitration
proceedings conducted under a collective bargaining agreement between
employers and employees or their respective representatives.
1281.95. (a) In a binding arbitration of any claim for more
than three thousand dollars ($3,000) pursuant to a contract for
the construction or improvement of residential property consisting
of one to four units, the arbitrator shall, within 10 days following
his or her appointment, provide to each party a written declaration
under penalty of perjury. This declaration shall disclose (1) whether
the arbitrator or his or her employer or arbitration service had
or has a personal or professional affiliation with either party,
and (2) whether the arbitrator or his or her employer or arbitration
service has been selected or designated as an arbitrator by either
party in another transaction.
(b) If the arbitrator discloses an affiliation
with either party, discloses that the arbitrator has been selected
or designated as an arbitrator by either party in another arbitration,
or fails to comply with this section, he or she may be disqualified
from the arbitration by either party.
(c) A notice of disqualification shall be served
within 15 days after the arbitrator makes the required disclosures
or fails to comply. The right of a party to disqualify an arbitrator
shall be waived if the party fails to serve the notice of disqualification
pursuant to this subdivision unless the arbitration makes a material
omission or material misrepresentation in his or her disclosure.
Nothing in this section shall limit the right of a party to vacate
an award or to disqualify an arbitrator pursuant to subdivision
(e) of Section 1282, Section 1286.2, or any other law or statute.
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