TITLE 9. ARBITRATION [1280. - 1294.4.]
Title 9 repealed and added by Stats. 1961, Ch. 461.
§§ 1280–1294.4 · 73 sections
CHAPTER 1. General Provisions §§ 1280–1280.2 · 2 sections
- § 1280 As used in this title: (a) “Agreement” includes, but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements…
- § 1280.2 Whenever reference is made in this title to any portion of the title or of any other law of this State, the reference applies to all amendments and additions…
CHAPTER 2. Enforcement of Arbitration Agreements §§ 1281–1281.99 · 20 sections
- § 1281 A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such…
- § 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…
- § 1281.12 If an arbitration agreement requires that arbitration of a controversy be demanded or initiated by a party to the arbitration agreement within a period of…
- § 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 to the agreement…
- § 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…
- § 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…
- § 1281.5 (a) Any person who proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2…
- § 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…
- § 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…
- § [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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 1281.93 (a) During the pendency of the consumer arbitration, a solicitation shall not be made of a party to the arbitration or of a lawyer for a party to the…
- § 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…
- § 1281.96 (a) Except as provided in paragraph (2) of subdivision (c), a private arbitration company that administers or is otherwise involved in a consumer arbitration,…
- § 1281.97 (a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration…
- § 1281.98 (a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration…
- § 1281.99 (a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of…
CHAPTER 3. Conduct of Arbitration Proceedings §§ 1282–1284.3 · 15 sections
- § 1282 Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the…
- § 1282.2 Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the…
- § 1282.4 (a) A party to the arbitration has the right to be represented by an attorney at any proceeding or hearing in arbitration under this title. A waiver of this…
- § 1282.5 (a) (1) A party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing. The transcript shall…
- § 1282.6 (a) A subpoena requiring the attendance of witnesses, and a subpoena duces tecum for the production of books, records, documents, and other evidence, at an…
- § 1282.8 The neutral arbitrator may administer oaths.
- § 1283 On application of a party to the arbitration, the neutral arbitrator may order the deposition of a witness to be taken for use as evidence and not for…
- § 1283.05 Depositions may be taken and discovery obtained in arbitration proceedings as follows: (a) After the appointment of the arbitrator or arbitrators, the parties…
- § 1283.2 Except for the parties to the arbitration and their agents, officers and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees…
- § 1283.4 The award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the…
- § 1283.6 The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in…
- § 1283.8 The award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on petition of a party to the…
- § 1284 The arbitrators, upon written application of a party to the arbitration, may correct the award upon any of the grounds set forth in subdivisions (a) and (c) of…
- § 1284.2 Unless the arbitration agreement otherwise provides or the parties to the arbitration otherwise agree, each party to the arbitration shall pay his pro rata…
- § 1284.3 (a) No neutral arbitrator or private arbitration company shall administer a consumer arbitration under any agreement or rule requiring that a consumer who is a…
CHAPTER 4. Enforcement of the Award §§ 1285–1288.8 · 19 sections
ARTICLE 1. Confirmation, Correction or Vacation of the Award §§ 1285–1287.6 · 14 sections
- § 1285 Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as…
- § 1285.2 A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.
- § 1285.4 A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the…
- § 1285.6 Unless a copy thereof is set forth in or attached to the petition, a response to a petition under this chapter shall: (a) Set forth the substance of or have…
- § 1285.8 A petition to correct or vacate an award, or a response requesting such relief, shall set forth the grounds on which the request for such relief is based.
- § 1286 If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another…
- § 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…
- § 1286.4 The court may not vacate an award unless: (a) A petition or response requesting that the award be vacated has been duly served and filed; or (b) A petition or…
- § 1286.6 Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court…
- § 1286.8 The court may not correct an award unless: (a) A petition or response requesting that the award be corrected has been duly served and filed; or (b) A petition…
- § 1287 If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in paragraph (4) or (5) of…
- § 1287.2 The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such person was not bound by the…
- § 1287.4 If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all…
- § 1287.6 An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration.
ARTICLE 2. Limitations of Time §§ 1288–1288.8 · 5 sections
- § 1288 A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A…
- § 1288.2 A response requesting that an award be vacated or that an award be corrected shall be served and filed not later than 100 days after the date of service of a…
- § 1288.4 No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.
- § 1288.6 If an application is made to the arbitrators for correction of the award, a petition may not be served and filed under this chapter until the determination of…
- § 1288.8 If an application is made to the arbitrators for correction of the award, the date of the service of the award for the purposes of this article shall be deemed…
CHAPTER 5. General Provisions Relating toJudicial Proceedings §§ 1290–1294.4 · 17 sections
ARTICLE 1. Petitions and Responses §§ 1290–1291.2 · 7 sections
- § 1290 A proceeding under this title in the courts of this State is commenced by filing a petition. Any person named as a respondent in a petition may file a response…
- § 1290.2 A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except…
- § 1290.4 (a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be…
- § 1290.6 A response shall be served and filed within 10 days after service of the petition except that if the petition is served in the manner provided in paragraph (2)…
- § 1290.8 A response shall be served as provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.
- § 1291 A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final…
- § 1291.2 In all proceedings brought under the provisions of this title, all courts wherein such proceedings are pending shall give such proceedings preference over all…
ARTICLE 2. Venue, Jurisdiction and Costs §§ 1292–1293.2 · 7 sections
- § 1292 Except as otherwise provided in this article, any petition made prior to the commencement of arbitration shall be filed in a court having jurisdiction in: (a)…
- § 1292.2 Except as otherwise provided in this article, any petition made after the commencement or completion of arbitration shall be filed in a court having…
- § 1292.4 If a controversy referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a superior court, a petition for an…
- § 1292.6 After a petition has been filed under this title, the court in which such petition was filed retains jurisdiction to determine any subsequent petition…
- § 1292.8 A motion for a stay of an action on the ground that an issue therein is subject to arbitration shall be made in the court where the action is pending.
- § 1293 The making of an agreement in this State providing for arbitration to be had within this State shall be deemed a consent of the parties thereto to the…
- § 1293.2 The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this…
ARTICLE 3. Appeals §§ 1294–1294.4 · 3 sections
- § 1294 An aggrieved party may appeal from: (a) An order dismissing or denying a petition to compel arbitration. Notwithstanding Section 916, the perfecting of such an…
- § 1294.2 The appeal shall be taken in the same manner as an appeal from an order or judgment in a civil action. Upon an appeal from any order or judgment under this…
- § 1294.4 (a) Except as provided in subdivision (b), in an appeal filed pursuant to subdivision (a) of Section 1294 involving a claim under the Elder and Dependent Adult…