2005 California Code of Civil Procedure Sections 1281-1281.96 CHAPTER 2. ENFORCEMENT OF ARBITRATION AGREEMENTS

1281.  A written agreement to submit to arbitration an existing
controversy or a controversy thereafter arising is valid, enforceable
and irrevocable, save upon such grounds as exist for the revocation
of any contract.
1281.1.  For the purposes of this article, any request to arbitrate
made pursuant to subdivision (a) of Section 1299.4 shall be
considered as made pursuant to a written agreement to submit a
controversy to arbitration.
1281.2.  On petition of a party to an arbitration agreement alleging
the existence of a written agreement to arbitrate a controversy and
that a party thereto refuses to arbitrate such controversy, the court
shall order the petitioner and the respondent to arbitrate the
controversy if it determines that an agreement to arbitrate the
controversy exists, unless it determines that:
   (a) The right to compel arbitration has been waived by the
petitioner; or
   (b) Grounds exist for the revocation of the agreement.
   (c) A party to the arbitration agreement is also a party to a
pending court action or special proceeding with a third party,
arising out of the same transaction or series of related transactions
and there is a possibility of conflicting rulings on a common issue
of law or fact.  For purposes of this section, a pending court action
or special proceeding includes an action or proceeding initiated by
the party refusing to arbitrate after the petition to compel
arbitration has been filed, but on or before the date of the hearing
on the petition.  This subdivision shall not be applicable to an
agreement to arbitrate disputes as to the professional negligence of
a health care provider made pursuant to Section 1295.
   If the court determines that a written agreement to arbitrate a
controversy exists, an order to arbitrate such controversy may not be
refused on the ground that the petitioner's contentions lack
substantive merit.
   If the court determines that there are other issues between the
petitioner and the respondent which are not subject to arbitration
and which are the subject of a pending action or special proceeding
between the petitioner and the respondent and that a determination of
such issues may make the arbitration unnecessary, the court may
delay its order to arbitrate until the determination of such other
issues or until such earlier time as the court specifies.
   If the court determines that a party to the arbitration is also a
party to litigation in a pending court action or special proceeding
with a third party as set forth under subdivision (c) herein, the
court (1) may refuse to enforce the arbitration agreement and may
order intervention or joinder of all parties in a single action or
special proceeding; (2) may order intervention or joinder as to all
or only certain issues; (3) may order arbitration among the parties
who have agreed to arbitration and stay the pending court action or
special proceeding pending the outcome of the arbitration proceeding;
or (4)  may stay arbitration pending the outcome of the court action
or special proceeding.
1281.3.  A party to an arbitration agreement may petition the court
to consolidate separate arbitration proceedings, and the court may
order consolidation of separate arbitration proceedings when:
   (1) Separate arbitration agreements or proceedings exist between
the same parties; or one party is a party to a separate arbitration
agreement or proceeding with a third party; and
   (2) The disputes arise from the same transactions or series of
related transactions; and
   (3) There is common issue or issues of law or fact creating the
possibility of conflicting rulings by more than one arbitrator or
panel of arbitrators.
   If all of the applicable arbitration agreements name the same
arbitrator, arbitration panel, or arbitration tribunal, the court, if
it orders consolidation, shall order all matters to be heard before
the arbitrator, panel, or tribunal agreed to by the parties.  If the
applicable arbitration agreements name separate arbitrators, panels,
or tribunals, the court, if it orders consolidation, shall, in the
absence of an agreed method of selection by all parties to the
consolidated arbitration, appoint an arbitrator in accord with the
procedures set forth in Section 1281.6.
   In the event that the arbitration agreements in consolidated
proceedings contain inconsistent provisions, the court shall resolve
such conflicts and determine the rights and duties of the various
parties to achieve substantial justice under all the circumstances.
   The court may exercise its discretion under this section to deny
consolidation of separate arbitration proceedings or to consolidate
separate arbitration proceedings only as to certain issues, leaving
other issues to be resolved in separate proceedings.
   This section shall not be applicable to an agreement to arbitrate
disputes as to the professional negligence of a health care provider
made pursuant to Section 1295.
1281.4.  If a court of competent jurisdiction, whether in this State
or not, has ordered arbitration of a controversy which is an issue
involved in an action or proceeding pending before a court of this
State, the court in which such action or proceeding is pending shall,
upon motion of a party to such action or proceeding, stay the action
or proceeding until an arbitration is had in accordance with the
order to arbitrate or until such earlier time as the court specifies.
   If an application has been made to a court of competent
jurisdiction, whether in this State or not, for an order to arbitrate
a controversy which is an issue involved in an action or proceeding
pending before a court of this State and such application is
undetermined, the court in which such action or proceeding is pending
shall, upon motion of a party to such action or proceeding, stay the
action or proceeding until the application for an order to arbitrate
is determined and, if arbitration of such controversy is ordered,
until an arbitration is had in accordance with the order to arbitrate
or until such earlier time as the court specifies.
   If the issue which is the controversy subject to arbitration is
severable, the stay may be with respect to that issue only.
1281.5.  (a) Any person who proceeds to record and enforce a claim
of lien by commencement of an action pursuant to Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, does
not thereby waive any right of arbitration the person may have
pursuant to a written agreement to arbitrate, if, in filing an action
to enforce the claim of lien, the claimant does either of the
following:
   (1) Includes an allegation in the complaint that the claimant does
not intend to waive any right of arbitration, and intends to move
the court, within 30 days after service of the summons and complaint,
for an order to stay further proceedings in the action.
   (2) At the same time that the complaint is filed, the claimant
files an application that the action be stayed pending the
arbitration of any issue, question, or dispute that is claimed to be
arbitrable under the agreement and that is relevant to the action to
enforce the claim of lien.
   (b) Within 30 days after service of the summons and complaint, the
claimant shall file and serve a motion and notice of motion pursuant
to Section 1281.4 to stay the action pending the arbitration of any
issue, question, or dispute that is claimed to be arbitrable under
the agreement and that is relevant to the action to enforce the claim
of lien.  The failure of a claimant to comply with this subdivision
is a waiver of the claimant's right to compel arbitration.
   (c) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time the defendant answers the
complaint filed pursuant to subdivision (a) is a waiver of the
defendant's right to compel arbitration.
1281.6.  If the arbitration agreement provides a method of
appointing an arbitrator, that method shall be followed.  If the
arbitration agreement does not provide a method for appointing an
arbitrator, the parties to the agreement who seek arbitration and
against whom arbitration is sought may agree on a method of
appointing an arbitrator and that method shall be followed.  In the
absence of an agreed method, or if the agreed method fails or for any
reason cannot be followed, or when an arbitrator appointed fails to
act and his or her successor has not been appointed, the court, on
petition of a party to the arbitration agreement, shall appoint the
arbitrator.
   When a petition is made to the court to appoint a neutral
arbitrator, the court shall nominate five persons from lists of
persons supplied jointly by the parties to the arbitration or
obtained from a governmental agency concerned with arbitration or
private disinterested association concerned with arbitration.  The
parties to the agreement who seek arbitration and against whom
arbitration is sought may within five days of receipt of notice of
the nominees from the court jointly select the arbitrator whether or
not the arbitrator is among the nominees.  If the parties fail to
select an arbitrator within the five-day period, the court shall
appoint the arbitrator from the nominees.
1281.7.  A petition pursuant to Section 1281.2 may be filed in lieu
of filing an answer to a complaint.  The petitioning defendant shall
have 15 days after any denial of the petition to plead to the
complaint.
(1281.8.)  (a) As used in this section, "provisional remedy"
includes the following:
   (1) Attachments and temporary protective orders issued pursuant to
Title 6.5 (commencing with Section 481.010) of Part 2.
   (2) Writs of possession issued pursuant to Article 2 (commencing
with Section 512.010) of Chapter 2 of Title 7 of Part 2.
   (3) Preliminary injunctions and temporary restraining orders
issued pursuant to Section 527.
   (4) Receivers appointed pursuant to Section 564.
   (b) A party to an arbitration agreement may file in the court in
the county in which an arbitration proceeding is pending, or if an
arbitration proceeding has not commenced, in any proper court, an
application for a provisional remedy in connection with an arbitrable
controversy, but only upon the ground that the award to which the
applicant may be entitled may be rendered ineffectual without
provisional relief.  The application shall be accompanied by a
complaint or by copies of the demand for arbitration and any response
thereto.  If accompanied by a complaint, the application shall also
be accompanied by a statement stating whether the party is or is not
reserving the party's right to arbitration.
   (c) A claim by the party opposing issuance of a provisional
remedy, that the controversy is not subject to arbitration, shall not
be grounds for denial of any provisional remedy.
   (d) An application for a provisional remedy under subdivision (b)
shall not operate to waive any right of arbitration which the
applicant may have pursuant to a written agreement to arbitrate, if,
at the same time as the application for a provisional remedy is
presented, the applicant also presents to the court an application
that all other proceedings in the action be stayed pending the
arbitration of any issue, question, or dispute which is claimed to be
arbitrable under the agreement and which is relevant to the action
pursuant to which the provisional remedy is sought.
1281.85.  (a) 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.
   (b) Subdivision (a) does not apply to an arbitration conducted
pursuant to the terms of a public or private sector collective
bargaining agreement.
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.  For purposes of paragraph (8) of
subdivision (a) of Section 170.1, the proposed neutral arbitrator
shall disclose whether or not he or she has a current arrangement
concerning prospective employment or other compensated service as a
dispute resolution neutral or is participating in, or, within the
last two years, has participated in, discussions regarding such
prospective employment or service with a party to the proceeding.
   (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 within
10 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 within
15 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.
1281.92.  (a) No private arbitration company may administer a
consumer arbitration, or provide any other services related to a
consumer arbitration, if the company has, or within the preceding
year has had, a financial interest, as defined in Section 170.5, in
any party or attorney for a party.
   (b) No private arbitration company may administer a consumer
arbitration, or provide any other services related to a consumer
arbitration, if any party or attorney for a party has, or within the
preceding year has had, any type of financial interest in the private
arbitration company.
   (c) This section shall operate only prospectively so as not to
prohibit the administration of consumer arbitrations on the basis of
financial interests held prior to January 1, 2003.
   (d) This section applies to all consumer arbitration agreements
subject to this article, and to all consumer arbitration proceedings
conducted in California.
   (e) This section shall become operative on January 1, 2003.
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 pursuant to Section 1286.2, or to disqualify an arbitrator
pursuant to any other law or statute.
1281.96.  (a) Except as provided in paragraph (2) of subdivision
(b), any private arbitration company that administers or is otherwise
involved in, a consumer arbitration, shall collect, publish at least
quarterly, and make available to the public in a computer-searchable
format, which shall be accessible at the Internet Web site of the
private arbitration company, if any, and on paper upon request, all
of the following information regarding each consumer arbitration
within the preceding five years:
   (1) The name of the nonconsumer party, if the nonconsumer party is
a corporation or other business entity.
   (2) The type of dispute involved, including goods, banking,
insurance, health care, employment, and, if it involves employment,
the amount of the employee's annual wage divided into the following
ranges:  less than one hundred thousand dollars ($100,000), one
hundred thousand dollars ($100,000) to two hundred fifty thousand
dollars ($250,000), inclusive, and over two hundred fifty thousand
dollars ($250,000).
   (3) Whether the consumer or nonconsumer party was the prevailing
party.
   (4) On how many occasions, if any, the nonconsumer party has
previously been a party in an arbitration or mediation administered
by the private arbitration company.
   (5) Whether the consumer party was represented by an attorney.
   (6) The date  the private arbitration company received the demand
for arbitration, the date the arbitrator was appointed, and the date
of disposition by the arbitrator or private arbitration company.
   (7) The type of disposition of the dispute, if known, including
withdrawal, abandonment, settlement, award after hearing, award
without hearing, default, or dismissal without hearing.
   (8) The amount of the claim, the amount of the award, and any
other relief granted, if any.
   (9) The name of the arbitrator, his or her total fee for the case,
and the percentage of the arbitrator's fee allocated to each party.
   (b) (1) If the information required by subdivision (a) is provided
by the private arbitration company in a computer-searchable format
at the company's Internet Web site and may be downloaded without any
fee, the company may charge the actual cost of copying to any person
who requests the information on paper.  If the information required
by subdivision (a) is not accessible by the Internet, the company
shall provide that information without charge to any person who
requests the information on paper.
   (2) Notwithstanding paragraph (1), a private arbitration company
that receives funding pursuant to Chapter 8 (commencing with Section
465) of Division 1 of the Business and Professions Code, and that
administers or conducts fewer than 50 consumer arbitrations per year
may collect and publish the information required by subdivision (a)
semiannually, provide the information only on paper, and charge the
actual cost of copying.
   (c) This section shall apply to any consumer arbitration commenced
on or after January 1, 2003.
   (d) No private arbitration company shall have any liability for
collecting, publishing, or distributing the information required by
this section.