State Codes and Statutes

Statutes > California > Ccp > 1282-1284.3

CODE OF CIVIL PROCEDURE
SECTION 1282-1284.3



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 arbitration agreement as made
or as modified by all of the parties thereto:
   (a) The arbitration shall be by a single neutral arbitrator.
   (b) If there is more than one arbitrator, the powers and duties of
the arbitrators, other than the powers and duties of a neutral
arbitrator, may be exercised by a majority of them if reasonable
notice of all proceedings has been given to all arbitrators.
   (c) If there is more than one neutral arbitrator:
   (1) The powers and duties of a neutral arbitrator may be exercised
by a majority of the neutral arbitrators.
   (2) By unanimous agreement of the neutral arbitrators, the powers
and duties may be delegated to one of their number but the power to
make or correct the award may not be so delegated.
   (d) If there is no neutral arbitrator, the powers and duties of a
neutral arbitrator may be exercised by a majority of the arbitrators.




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 arbitration agreement as made
or as modified by all the parties thereto:
   (a) (1) The neutral arbitrator shall appoint a time and place for
the hearing and cause notice thereof to be served personally or by
registered or certified mail on the parties to the arbitration and on
the other arbitrators not less than seven days before the hearing.
Appearance at the hearing waives the right to notice.
   (2)  With the exception of matters arising out of
collective-bargaining agreements, those described in Section 1283.05,
actions involving personal injury or death, or as provided in the
parties' agreement to arbitrate, in the event the aggregate amount in
controversy exceeds fifty thousand dollars ($50,000) and the
arbitrator is informed thereof by any party in writing by personal
service, registered or certified mail, prior to designating a time
and place of hearing pursuant to paragraph (1), the neutral
arbitrator by the means prescribed in paragraph (1) shall appoint a
time and place for hearing not less than 60 days before the hearing,
and the following provisions shall apply:
   (A) Either party shall within 15 days of receipt of the notice of
hearing have the right to demand in writing, served personally or by
registered or certified mail, that the other party provide a list of
witnesses it intends to call designating which witnesses will be
called as expert witnesses and a list of documents it intends to
introduce at the hearing provided that the demanding party provides
such lists at the time of its demand. A copy of such demand and the
demanding party's lists shall be served on the arbitrator.
   (B) Such lists shall be served personally or by registered or
certified mail on the requesting party 15 days thereafter. Copies
thereof shall be served on the arbitrator.
   (C) Listed documents shall be made available for inspection and
copying at reasonable times prior to the hearing.
   (D) Time limits provided herein may be waived by mutual agreement
of the parties if approved by the arbitrator.
   (E) The failure to list a witness or a document shall not bar the
testimony of an unlisted witness or the introduction of an
undesignated document at the hearing, provided that good cause for
omission from the requirements of subparagraph (A) is shown, as
determined by the arbitrator.
   (F) The authority of the arbitrator to administer and enforce this
paragraph shall be as provided in subdivisions (b) to (e),
inclusive, of Section 1283.05.
   (b) The neutral arbitrator may adjourn the hearing from time to
time as necessary. On request of a party to the arbitration for good
cause, or upon his own determination, the neutral arbitrator may
postpone the hearing to a time not later than the date fixed by the
agreement for making the award, or to a later date if the parties to
the arbitration consent thereto.
   (c) The neutral arbitrator shall preside at the hearing, shall
rule on the admission and exclusion of evidence and on questions of
hearing procedure and shall exercise all powers relating to the
conduct of the hearing.
   (d) The parties to the arbitration are entitled to be heard, to
present evidence and to cross-examine witnesses appearing at the
hearing, but rules of evidence and rules of judicial procedure need
not be observed. On request of any party to the arbitration, the
testimony of witnesses shall be given under oath.
   (e) If a court has ordered a person to arbitrate a controversy,
the arbitrators may hear and determine the controversy upon the
evidence produced notwithstanding the failure of a party ordered to
arbitrate, who has been duly notified, to appear.
   (f) If an arbitrator, who has been duly notified, for any reason
fails to participate in the arbitration, the arbitration shall
continue but only the remaining neutral arbitrator or neutral
arbitrators may make the award.
   (g) If a neutral arbitrator intends to base an award upon
information not obtained at the hearing, he shall disclose the
information to all parties to the arbitration and give the parties an
opportunity to meet it.



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 right may be revoked;
but if a party revokes that waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
   (b) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney admitted to
the bar of any other state may represent the parties in the course
of, or in connection with, an arbitration proceeding in this state,
provided that the attorney, if not admitted to the State Bar of
California, satisfies all of the following:
   (1) He or she timely serves the certificate described in
subdivision (c).
   (2) The attorney's appearance is approved in writing on that
certificate by the arbitrator, the arbitrators, or the arbitral
forum.
   (3) The certificate bearing approval of the attorney's appearance
is filed with the State Bar of California and served on the parties
as described in this section.
   (c) Within a reasonable period of time after the attorney
described in subdivision (b) indicates an intention to appear in the
arbitration, the attorney shall serve a certificate in a form
prescribed by the State Bar of California on the arbitrator,
arbitrators, or arbitral forum, the State Bar of California, and all
other parties and counsel in the arbitration whose addresses are
known to the attorney. The certificate shall state all of the
following:
   (1) The case name and number, and the name of the arbitrator,
arbitrators, or arbitral forum assigned to the proceeding in which
the attorney seeks to appear.
   (2) The attorney's residence and office address.
   (3) The courts before which the attorney has been admitted to
practice and the dates of admission.
   (4) That the attorney is currently a member in good standing of,
and eligible to practice law before, the bar of those courts.
   (5) That the attorney is not currently on suspension or disbarred
from the practice of law before the bar of any court.
   (6) That the attorney is not a resident of the State of
California.
   (7) That the attorney is not regularly employed in the State of
California.
   (8) That the attorney is not regularly engaged in substantial
business, professional, or other activities in the State of
California.
   (9) That the attorney agrees to be subject to the jurisdiction of
the courts of this state with respect to the law of this state
governing the conduct of attorneys to the same extent as a member of
the State Bar of California.
   (10) The title of the court and the cause in which the attorney
has filed an application to appear as counsel pro hac vice in this
state or filed a certificate pursuant to this section in the
preceding two years, the date of each application or certificate, and
whether or not it was granted. If the attorney has made repeated
appearances, the certificate shall reflect the special circumstances
that warrant the approval of the attorney's appearance in the
arbitration.
   (11) The name, address, and telephone number of the active member
of the State Bar of California who is the attorney of record.
   (d) The arbitrator, arbitrators, or arbitral forum may approve the
attorney's appearance if the attorney has complied with subdivision
(c). Failure to timely file and serve the certificate described in
subdivision (c) shall be grounds for disapproval of the appearance
and disqualification from serving as an attorney in the arbitration
in which the certificate was filed. In the absence of special
circumstances, repeated appearances shall be grounds for disapproval
of the appearance and disqualification from serving as an attorney in
the arbitration in which the certificate was filed.
   (e) Within a reasonable period of time after the arbitrator,
arbitrators, or arbitral forum approves the certificate, the attorney
shall file the certificate with the State Bar of California and
serve the certificate as described in Section 1013a on all parties
and counsel in the arbitration whose address is known to the
attorney.
   (f) An attorney who fails to file or serve the certificate
required by this section or files or serves a certificate containing
false information or who otherwise fails to comply with the standards
of professional conduct required of members of the State Bar of
California shall be subject to the disciplinary jurisdiction of the
State Bar with respect to that certificate or any of his or her acts
occurring in the course of the arbitration.
   (g) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney who is a
member in good standing of the bar of any state may represent the
parties in connection with rendering legal services in this state in
the course of and in connection with an arbitration pending in
another state.
   (h) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, any party to an
arbitration arising under collective bargaining agreements in
industries and provisions subject to either state or federal law may
be represented in the course of, and in connection with, those
proceedings by any person, regardless of whether that person is
licensed to practice law in this state.
   (i) Nothing in this section shall apply to Division 4 (commencing
with Section 3201) of the Labor Code.
   (j) (1) In enacting the amendments to this section made by
Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
of the Legislature to respond to the holding in Birbrower v. Superior
Court (1998) 17 Cal.4th 117, as modified at 17 Cal.4th 643a
(hereafter Birbrower), to provide a procedure for nonresident
attorneys who are not licensed in this state to appear in California
arbitration proceedings.
   (2) In enacting subdivision (h), it is the intent of the
Legislature to make clear that any party to an arbitration arising
under a collective bargaining agreement governed by the laws of this
state may be represented in the course of and in connection with
those proceedings by any person regardless of whether that person is
licensed to practice law in this state.
   (3) Except as otherwise specifically provided in this section, in
enacting the amendments to this section made by Assembly Bill 2086 of
the 1997-98 Regular Session, it is the Legislature's intent that
nothing in this section is intended to expand or restrict the ability
of a party prior to the decision in Birbrower to elect to be
represented by any person in a nonjudicial arbitration proceeding, to
the extent those rights or abilities existed prior to that decision.
To the extent that Birbrower is interpreted to expand or restrict
that right or ability pursuant to the laws of this state, it is
hereby abrogated except as specifically provided in this section.
   (4) In enacting subdivision (i), it is the intent of the
Legislature to make clear that nothing in this section shall affect
those provisions of law governing the right of injured workers to
elect to be represented by any person, regardless of whether that
person is licensed to practice law in this state, as set forth in
Division 4 (commencing with Section 3200) of the Labor Code.

   (k) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.



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 right may be revoked;
but if a party revokes the waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
   (b) This section shall become operative on January 1, 2013.



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 arbitration proceeding or a deposition
under Section 1283, and if Section 1283.05 is applicable, for the
purposes of discovery, shall be issued as provided in this section.
In addition, the neutral arbitrator upon his own determination may
issue subpoenas for the attendance of witnesses and subpoenas duces
tecum for the production of books, records, documents and other
evidence.
   (b) Subpoenas shall be issued, as of course, signed but otherwise
in blank, to the party requesting them, by a neutral association,
organization, governmental agency, or office if the arbitration
agreement provides for administration of the arbitration proceedings
by, or under the rules of, a neutral association, organization,
governmental agency or office or by the neutral arbitrator.
   (c) The party serving the subpoena shall fill it in before
service. Subpeonas shall be served and enforced in accordance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this
code.



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 discovery if the witness cannot be compelled
to attend the hearing or if exceptional circumstances exist as to
make it desirable, in the interest of justice and with due regard to
the importance of presenting the testimony of witnesses orally at the
hearing, to allow the deposition to be taken. The deposition shall
be taken in the manner prescribed by law for the taking of
depositions in civil actions. If the neutral arbitrator orders the
taking of the deposition of a witness who resides outside the state,
the party who applied for the taking of the deposition shall obtain a
commission, letters rogatory, or a letter of request therefor from
the superior court in accordance with Chapter 10 (commencing with
Section 2026.010) of Title 4 of Part 4.



1283.05.  To the extent provided in Section 1283.1 depositions may
be taken and discovery obtained in arbitration proceedings as
follows:
   (a) After the appointment of the arbitrator or arbitrators, the
parties to the arbitration shall have the right to take depositions
and to obtain discovery regarding the subject matter of the
arbitration, and, to that end, to use and exercise all of the same
rights, remedies, and procedures, and be subject to all of the same
duties, liabilities, and obligations in the arbitration with respect
to the subject matter thereof, as provided in Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4, and in Title 4 (commencing
with Section 2016.010) of Part 4, as if the subject matter of the
arbitration were pending before a superior court of this state in a
civil action other than a limited civil case, subject to the
limitations as to depositions set forth in subdivision (e) of this
section.
   (b) The arbitrator or arbitrators themselves shall have power, in
addition to the power of determining the merits of the arbitration,
to enforce the rights, remedies, procedures, duties, liabilities, and
obligations of discovery by the imposition of the same terms,
conditions, consequences, liabilities, sanctions, and penalties as
can be or may be imposed in like circumstances in a civil action by a
superior court of this state under the provisions of this code,
except the power to order the arrest or imprisonment of a person.
   (c) The arbitrator or arbitrators may consider, determine, and
make such orders imposing such terms, conditions, consequences,
liabilities, sanctions, and penalties, whenever necessary or
appropriate at any time or stage in the course of the arbitration,
and such orders shall be as conclusive, final, and enforceable as an
arbitration award on the merits, if the making of any such order that
is equivalent to an award or correction of an award is subject to
the same conditions, if any, as are applicable to the making of an
award or correction of an award.
   (d) For the purpose of enforcing the duty to make discovery, to
produce evidence or information, including books and records, and to
produce persons to testify at a deposition or at a hearing, and to
impose terms, conditions, consequences, liabilities, sanctions, and
penalties upon a party for violation of any such duty, such party
shall be deemed to include every affiliate of such party as defined
in this section. For such purpose:
   (1) The personnel of every such affiliate shall be deemed to be
the officers, directors, managing agents, agents, and employees of
such party to the same degree as each of them, respectively, bears
such status to such affiliate; and
   (2) The files, books, and records of every such affiliate shall be
deemed to be in the possession and control of, and capable of
production by, such party. As used in this section, "affiliate" of
the party to the arbitration means and includes any party or person
for whose immediate benefit the action or proceeding is prosecuted or
defended, or an officer, director, superintendent, member, agent,
employee, or managing agent of such party or person.
   (e) Depositions for discovery shall not be taken unless leave to
do so is first granted by the arbitrator or arbitrators.



1283.1.  (a) All of the provisions of Section 1283.05 shall be
conclusively deemed to be incorporated into, made a part of, and
shall be applicable to, every agreement to arbitrate any dispute,
controversy, or issue arising out of or resulting from any injury to,
or death of, a person caused by the wrongful act or neglect of
another.
   (b) Only if the parties by their agreement so provide, may the
provisions of Section 1283.05 be incorporated into, made a part of,
or made applicable to, any other arbitration agreement.



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 and mileage in the same amount and
under the same circumstances as prescribed by law for witnesses in
civil actions in the superior court. The fee and mileage of a witness
subpoenaed upon the application of a party to the arbitration shall
be paid by such party. The fee and mileage of a witness subpoenaed
soley upon the determination of the neutral arbitrator shall be paid
in the manner provided for the payment of the neutral arbitrator's
expenses.


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 arbitrators the decision of which is
necessary in order to determine the controversy.




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 the agreement.



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 arbitration. The parties to the
arbitration may extend the time either before or after the expiration
thereof. A party to the arbitration waives the objection that an
award was not made within the time required unless he gives the
arbitrators written notice of his objection prior to the service of a
signed copy of the award on him.



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 Section 1286.6 not later than 30 days
after service of a signed copy of the award on the applicant.
   Application for such correction shall be made not later than 10
days after service of a signed copy of the award on the applicant.
Upon or before making such application, the applicant shall deliver
or mail a copy of the application to all of the other parties to the
arbitration.
   Any party to the arbitration may make written objection to such
application. The objection shall be made not later than 10 days after
the application is delivered or mailed to the objector. Upon or
before making such objection, the objector shall deliver or mail a
copy of the objection to the applicant and all the other parties to
the arbitration.
   The arbitrators shall either deny the application or correct the
award. The denial of the application or the correction of the award
shall be in writing and signed by the arbitrators concurring therein,
and the neutral arbitrator shall serve a signed copy of such denial
or correction on each party to the arbitration personally or by
registered or certified mail or as provided in the agreement. If no
denial of the application or correction of the award is served within
the 30-day period provided in this section, the application for
correction shall be deemed denied on the last day thereof.



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 share of the expenses and fees of
the neutral arbitrator, together with other expenses of the
arbitration incurred or approved by the neutral arbitrator, not
including counsel fees or witness fees or other expenses incurred by
a party for his own benefit.



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 party to the arbitration pay the
fees and costs incurred by an opposing party if the consumer does not
prevail in the arbitration, including, but not limited to, the fees
and costs of the arbitrator, provider organization, attorney, or
witnesses.
   (b) (1) All fees and costs charged to or assessed upon a consumer
party by a private arbitration company in a consumer arbitration,
exclusive of arbitrator fees, shall be waived for an indigent
consumer. For the purposes of this section, "indigent consumer" means
a person having a gross monthly income that is less than 300 percent
of the federal poverty guidelines. Nothing in this section shall
affect the ability of a private arbitration company to shift fees
that would otherwise be charged or assessed upon a consumer party to
a nonconsumer party.
   (2) Prior to requesting or obtaining any fee, a private
arbitration company shall provide written notice of the right to
obtain a waiver of fees to a consumer or prospective consumer in a
manner calculated to bring the matter to the attention of a
reasonable consumer, including, but not limited to, prominently
placing a notice in its first written communication to the consumer
and in any invoice, bill, submission form, fee schedule, rules, or
code of procedure.
   (3) Any consumer requesting a waiver of fees or costs may
establish his or her eligibility by making a declaration under oath
on a form provided to the consumer by the private arbitration company
for signature stating his or her monthly income and the number of
persons living in his or her household. No private arbitration
company may require a consumer to provide any further statement or
evidence of indigence.
   (4) Any information obtained by a private arbitration company
about a consumer's identity, financial condition, income, wealth, or
fee waiver request shall be kept confidential and may not be
disclosed to any adverse party or any nonparty to the arbitration,
except a private arbitration company may not keep confidential the
number of waiver requests received or granted, or the total amount of
fees waived.
   (c) This section applies to all consumer arbitration agreements
subject to this article, and to all consumer arbitration proceedings
conducted in California.


State Codes and Statutes

Statutes > California > Ccp > 1282-1284.3

CODE OF CIVIL PROCEDURE
SECTION 1282-1284.3



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 arbitration agreement as made
or as modified by all of the parties thereto:
   (a) The arbitration shall be by a single neutral arbitrator.
   (b) If there is more than one arbitrator, the powers and duties of
the arbitrators, other than the powers and duties of a neutral
arbitrator, may be exercised by a majority of them if reasonable
notice of all proceedings has been given to all arbitrators.
   (c) If there is more than one neutral arbitrator:
   (1) The powers and duties of a neutral arbitrator may be exercised
by a majority of the neutral arbitrators.
   (2) By unanimous agreement of the neutral arbitrators, the powers
and duties may be delegated to one of their number but the power to
make or correct the award may not be so delegated.
   (d) If there is no neutral arbitrator, the powers and duties of a
neutral arbitrator may be exercised by a majority of the arbitrators.




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 arbitration agreement as made
or as modified by all the parties thereto:
   (a) (1) The neutral arbitrator shall appoint a time and place for
the hearing and cause notice thereof to be served personally or by
registered or certified mail on the parties to the arbitration and on
the other arbitrators not less than seven days before the hearing.
Appearance at the hearing waives the right to notice.
   (2)  With the exception of matters arising out of
collective-bargaining agreements, those described in Section 1283.05,
actions involving personal injury or death, or as provided in the
parties' agreement to arbitrate, in the event the aggregate amount in
controversy exceeds fifty thousand dollars ($50,000) and the
arbitrator is informed thereof by any party in writing by personal
service, registered or certified mail, prior to designating a time
and place of hearing pursuant to paragraph (1), the neutral
arbitrator by the means prescribed in paragraph (1) shall appoint a
time and place for hearing not less than 60 days before the hearing,
and the following provisions shall apply:
   (A) Either party shall within 15 days of receipt of the notice of
hearing have the right to demand in writing, served personally or by
registered or certified mail, that the other party provide a list of
witnesses it intends to call designating which witnesses will be
called as expert witnesses and a list of documents it intends to
introduce at the hearing provided that the demanding party provides
such lists at the time of its demand. A copy of such demand and the
demanding party's lists shall be served on the arbitrator.
   (B) Such lists shall be served personally or by registered or
certified mail on the requesting party 15 days thereafter. Copies
thereof shall be served on the arbitrator.
   (C) Listed documents shall be made available for inspection and
copying at reasonable times prior to the hearing.
   (D) Time limits provided herein may be waived by mutual agreement
of the parties if approved by the arbitrator.
   (E) The failure to list a witness or a document shall not bar the
testimony of an unlisted witness or the introduction of an
undesignated document at the hearing, provided that good cause for
omission from the requirements of subparagraph (A) is shown, as
determined by the arbitrator.
   (F) The authority of the arbitrator to administer and enforce this
paragraph shall be as provided in subdivisions (b) to (e),
inclusive, of Section 1283.05.
   (b) The neutral arbitrator may adjourn the hearing from time to
time as necessary. On request of a party to the arbitration for good
cause, or upon his own determination, the neutral arbitrator may
postpone the hearing to a time not later than the date fixed by the
agreement for making the award, or to a later date if the parties to
the arbitration consent thereto.
   (c) The neutral arbitrator shall preside at the hearing, shall
rule on the admission and exclusion of evidence and on questions of
hearing procedure and shall exercise all powers relating to the
conduct of the hearing.
   (d) The parties to the arbitration are entitled to be heard, to
present evidence and to cross-examine witnesses appearing at the
hearing, but rules of evidence and rules of judicial procedure need
not be observed. On request of any party to the arbitration, the
testimony of witnesses shall be given under oath.
   (e) If a court has ordered a person to arbitrate a controversy,
the arbitrators may hear and determine the controversy upon the
evidence produced notwithstanding the failure of a party ordered to
arbitrate, who has been duly notified, to appear.
   (f) If an arbitrator, who has been duly notified, for any reason
fails to participate in the arbitration, the arbitration shall
continue but only the remaining neutral arbitrator or neutral
arbitrators may make the award.
   (g) If a neutral arbitrator intends to base an award upon
information not obtained at the hearing, he shall disclose the
information to all parties to the arbitration and give the parties an
opportunity to meet it.



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 right may be revoked;
but if a party revokes that waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
   (b) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney admitted to
the bar of any other state may represent the parties in the course
of, or in connection with, an arbitration proceeding in this state,
provided that the attorney, if not admitted to the State Bar of
California, satisfies all of the following:
   (1) He or she timely serves the certificate described in
subdivision (c).
   (2) The attorney's appearance is approved in writing on that
certificate by the arbitrator, the arbitrators, or the arbitral
forum.
   (3) The certificate bearing approval of the attorney's appearance
is filed with the State Bar of California and served on the parties
as described in this section.
   (c) Within a reasonable period of time after the attorney
described in subdivision (b) indicates an intention to appear in the
arbitration, the attorney shall serve a certificate in a form
prescribed by the State Bar of California on the arbitrator,
arbitrators, or arbitral forum, the State Bar of California, and all
other parties and counsel in the arbitration whose addresses are
known to the attorney. The certificate shall state all of the
following:
   (1) The case name and number, and the name of the arbitrator,
arbitrators, or arbitral forum assigned to the proceeding in which
the attorney seeks to appear.
   (2) The attorney's residence and office address.
   (3) The courts before which the attorney has been admitted to
practice and the dates of admission.
   (4) That the attorney is currently a member in good standing of,
and eligible to practice law before, the bar of those courts.
   (5) That the attorney is not currently on suspension or disbarred
from the practice of law before the bar of any court.
   (6) That the attorney is not a resident of the State of
California.
   (7) That the attorney is not regularly employed in the State of
California.
   (8) That the attorney is not regularly engaged in substantial
business, professional, or other activities in the State of
California.
   (9) That the attorney agrees to be subject to the jurisdiction of
the courts of this state with respect to the law of this state
governing the conduct of attorneys to the same extent as a member of
the State Bar of California.
   (10) The title of the court and the cause in which the attorney
has filed an application to appear as counsel pro hac vice in this
state or filed a certificate pursuant to this section in the
preceding two years, the date of each application or certificate, and
whether or not it was granted. If the attorney has made repeated
appearances, the certificate shall reflect the special circumstances
that warrant the approval of the attorney's appearance in the
arbitration.
   (11) The name, address, and telephone number of the active member
of the State Bar of California who is the attorney of record.
   (d) The arbitrator, arbitrators, or arbitral forum may approve the
attorney's appearance if the attorney has complied with subdivision
(c). Failure to timely file and serve the certificate described in
subdivision (c) shall be grounds for disapproval of the appearance
and disqualification from serving as an attorney in the arbitration
in which the certificate was filed. In the absence of special
circumstances, repeated appearances shall be grounds for disapproval
of the appearance and disqualification from serving as an attorney in
the arbitration in which the certificate was filed.
   (e) Within a reasonable period of time after the arbitrator,
arbitrators, or arbitral forum approves the certificate, the attorney
shall file the certificate with the State Bar of California and
serve the certificate as described in Section 1013a on all parties
and counsel in the arbitration whose address is known to the
attorney.
   (f) An attorney who fails to file or serve the certificate
required by this section or files or serves a certificate containing
false information or who otherwise fails to comply with the standards
of professional conduct required of members of the State Bar of
California shall be subject to the disciplinary jurisdiction of the
State Bar with respect to that certificate or any of his or her acts
occurring in the course of the arbitration.
   (g) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney who is a
member in good standing of the bar of any state may represent the
parties in connection with rendering legal services in this state in
the course of and in connection with an arbitration pending in
another state.
   (h) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, any party to an
arbitration arising under collective bargaining agreements in
industries and provisions subject to either state or federal law may
be represented in the course of, and in connection with, those
proceedings by any person, regardless of whether that person is
licensed to practice law in this state.
   (i) Nothing in this section shall apply to Division 4 (commencing
with Section 3201) of the Labor Code.
   (j) (1) In enacting the amendments to this section made by
Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
of the Legislature to respond to the holding in Birbrower v. Superior
Court (1998) 17 Cal.4th 117, as modified at 17 Cal.4th 643a
(hereafter Birbrower), to provide a procedure for nonresident
attorneys who are not licensed in this state to appear in California
arbitration proceedings.
   (2) In enacting subdivision (h), it is the intent of the
Legislature to make clear that any party to an arbitration arising
under a collective bargaining agreement governed by the laws of this
state may be represented in the course of and in connection with
those proceedings by any person regardless of whether that person is
licensed to practice law in this state.
   (3) Except as otherwise specifically provided in this section, in
enacting the amendments to this section made by Assembly Bill 2086 of
the 1997-98 Regular Session, it is the Legislature's intent that
nothing in this section is intended to expand or restrict the ability
of a party prior to the decision in Birbrower to elect to be
represented by any person in a nonjudicial arbitration proceeding, to
the extent those rights or abilities existed prior to that decision.
To the extent that Birbrower is interpreted to expand or restrict
that right or ability pursuant to the laws of this state, it is
hereby abrogated except as specifically provided in this section.
   (4) In enacting subdivision (i), it is the intent of the
Legislature to make clear that nothing in this section shall affect
those provisions of law governing the right of injured workers to
elect to be represented by any person, regardless of whether that
person is licensed to practice law in this state, as set forth in
Division 4 (commencing with Section 3200) of the Labor Code.

   (k) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.



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 right may be revoked;
but if a party revokes the waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
   (b) This section shall become operative on January 1, 2013.



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 arbitration proceeding or a deposition
under Section 1283, and if Section 1283.05 is applicable, for the
purposes of discovery, shall be issued as provided in this section.
In addition, the neutral arbitrator upon his own determination may
issue subpoenas for the attendance of witnesses and subpoenas duces
tecum for the production of books, records, documents and other
evidence.
   (b) Subpoenas shall be issued, as of course, signed but otherwise
in blank, to the party requesting them, by a neutral association,
organization, governmental agency, or office if the arbitration
agreement provides for administration of the arbitration proceedings
by, or under the rules of, a neutral association, organization,
governmental agency or office or by the neutral arbitrator.
   (c) The party serving the subpoena shall fill it in before
service. Subpeonas shall be served and enforced in accordance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this
code.



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 discovery if the witness cannot be compelled
to attend the hearing or if exceptional circumstances exist as to
make it desirable, in the interest of justice and with due regard to
the importance of presenting the testimony of witnesses orally at the
hearing, to allow the deposition to be taken. The deposition shall
be taken in the manner prescribed by law for the taking of
depositions in civil actions. If the neutral arbitrator orders the
taking of the deposition of a witness who resides outside the state,
the party who applied for the taking of the deposition shall obtain a
commission, letters rogatory, or a letter of request therefor from
the superior court in accordance with Chapter 10 (commencing with
Section 2026.010) of Title 4 of Part 4.



1283.05.  To the extent provided in Section 1283.1 depositions may
be taken and discovery obtained in arbitration proceedings as
follows:
   (a) After the appointment of the arbitrator or arbitrators, the
parties to the arbitration shall have the right to take depositions
and to obtain discovery regarding the subject matter of the
arbitration, and, to that end, to use and exercise all of the same
rights, remedies, and procedures, and be subject to all of the same
duties, liabilities, and obligations in the arbitration with respect
to the subject matter thereof, as provided in Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4, and in Title 4 (commencing
with Section 2016.010) of Part 4, as if the subject matter of the
arbitration were pending before a superior court of this state in a
civil action other than a limited civil case, subject to the
limitations as to depositions set forth in subdivision (e) of this
section.
   (b) The arbitrator or arbitrators themselves shall have power, in
addition to the power of determining the merits of the arbitration,
to enforce the rights, remedies, procedures, duties, liabilities, and
obligations of discovery by the imposition of the same terms,
conditions, consequences, liabilities, sanctions, and penalties as
can be or may be imposed in like circumstances in a civil action by a
superior court of this state under the provisions of this code,
except the power to order the arrest or imprisonment of a person.
   (c) The arbitrator or arbitrators may consider, determine, and
make such orders imposing such terms, conditions, consequences,
liabilities, sanctions, and penalties, whenever necessary or
appropriate at any time or stage in the course of the arbitration,
and such orders shall be as conclusive, final, and enforceable as an
arbitration award on the merits, if the making of any such order that
is equivalent to an award or correction of an award is subject to
the same conditions, if any, as are applicable to the making of an
award or correction of an award.
   (d) For the purpose of enforcing the duty to make discovery, to
produce evidence or information, including books and records, and to
produce persons to testify at a deposition or at a hearing, and to
impose terms, conditions, consequences, liabilities, sanctions, and
penalties upon a party for violation of any such duty, such party
shall be deemed to include every affiliate of such party as defined
in this section. For such purpose:
   (1) The personnel of every such affiliate shall be deemed to be
the officers, directors, managing agents, agents, and employees of
such party to the same degree as each of them, respectively, bears
such status to such affiliate; and
   (2) The files, books, and records of every such affiliate shall be
deemed to be in the possession and control of, and capable of
production by, such party. As used in this section, "affiliate" of
the party to the arbitration means and includes any party or person
for whose immediate benefit the action or proceeding is prosecuted or
defended, or an officer, director, superintendent, member, agent,
employee, or managing agent of such party or person.
   (e) Depositions for discovery shall not be taken unless leave to
do so is first granted by the arbitrator or arbitrators.



1283.1.  (a) All of the provisions of Section 1283.05 shall be
conclusively deemed to be incorporated into, made a part of, and
shall be applicable to, every agreement to arbitrate any dispute,
controversy, or issue arising out of or resulting from any injury to,
or death of, a person caused by the wrongful act or neglect of
another.
   (b) Only if the parties by their agreement so provide, may the
provisions of Section 1283.05 be incorporated into, made a part of,
or made applicable to, any other arbitration agreement.



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 and mileage in the same amount and
under the same circumstances as prescribed by law for witnesses in
civil actions in the superior court. The fee and mileage of a witness
subpoenaed upon the application of a party to the arbitration shall
be paid by such party. The fee and mileage of a witness subpoenaed
soley upon the determination of the neutral arbitrator shall be paid
in the manner provided for the payment of the neutral arbitrator's
expenses.


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 arbitrators the decision of which is
necessary in order to determine the controversy.




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 the agreement.



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 arbitration. The parties to the
arbitration may extend the time either before or after the expiration
thereof. A party to the arbitration waives the objection that an
award was not made within the time required unless he gives the
arbitrators written notice of his objection prior to the service of a
signed copy of the award on him.



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 Section 1286.6 not later than 30 days
after service of a signed copy of the award on the applicant.
   Application for such correction shall be made not later than 10
days after service of a signed copy of the award on the applicant.
Upon or before making such application, the applicant shall deliver
or mail a copy of the application to all of the other parties to the
arbitration.
   Any party to the arbitration may make written objection to such
application. The objection shall be made not later than 10 days after
the application is delivered or mailed to the objector. Upon or
before making such objection, the objector shall deliver or mail a
copy of the objection to the applicant and all the other parties to
the arbitration.
   The arbitrators shall either deny the application or correct the
award. The denial of the application or the correction of the award
shall be in writing and signed by the arbitrators concurring therein,
and the neutral arbitrator shall serve a signed copy of such denial
or correction on each party to the arbitration personally or by
registered or certified mail or as provided in the agreement. If no
denial of the application or correction of the award is served within
the 30-day period provided in this section, the application for
correction shall be deemed denied on the last day thereof.



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 share of the expenses and fees of
the neutral arbitrator, together with other expenses of the
arbitration incurred or approved by the neutral arbitrator, not
including counsel fees or witness fees or other expenses incurred by
a party for his own benefit.



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 party to the arbitration pay the
fees and costs incurred by an opposing party if the consumer does not
prevail in the arbitration, including, but not limited to, the fees
and costs of the arbitrator, provider organization, attorney, or
witnesses.
   (b) (1) All fees and costs charged to or assessed upon a consumer
party by a private arbitration company in a consumer arbitration,
exclusive of arbitrator fees, shall be waived for an indigent
consumer. For the purposes of this section, "indigent consumer" means
a person having a gross monthly income that is less than 300 percent
of the federal poverty guidelines. Nothing in this section shall
affect the ability of a private arbitration company to shift fees
that would otherwise be charged or assessed upon a consumer party to
a nonconsumer party.
   (2) Prior to requesting or obtaining any fee, a private
arbitration company shall provide written notice of the right to
obtain a waiver of fees to a consumer or prospective consumer in a
manner calculated to bring the matter to the attention of a
reasonable consumer, including, but not limited to, prominently
placing a notice in its first written communication to the consumer
and in any invoice, bill, submission form, fee schedule, rules, or
code of procedure.
   (3) Any consumer requesting a waiver of fees or costs may
establish his or her eligibility by making a declaration under oath
on a form provided to the consumer by the private arbitration company
for signature stating his or her monthly income and the number of
persons living in his or her household. No private arbitration
company may require a consumer to provide any further statement or
evidence of indigence.
   (4) Any information obtained by a private arbitration company
about a consumer's identity, financial condition, income, wealth, or
fee waiver request shall be kept confidential and may not be
disclosed to any adverse party or any nonparty to the arbitration,
except a private arbitration company may not keep confidential the
number of waiver requests received or granted, or the total amount of
fees waived.
   (c) This section applies to all consumer arbitration agreements
subject to this article, and to all consumer arbitration proceedings
conducted in California.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 1282-1284.3

CODE OF CIVIL PROCEDURE
SECTION 1282-1284.3



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 arbitration agreement as made
or as modified by all of the parties thereto:
   (a) The arbitration shall be by a single neutral arbitrator.
   (b) If there is more than one arbitrator, the powers and duties of
the arbitrators, other than the powers and duties of a neutral
arbitrator, may be exercised by a majority of them if reasonable
notice of all proceedings has been given to all arbitrators.
   (c) If there is more than one neutral arbitrator:
   (1) The powers and duties of a neutral arbitrator may be exercised
by a majority of the neutral arbitrators.
   (2) By unanimous agreement of the neutral arbitrators, the powers
and duties may be delegated to one of their number but the power to
make or correct the award may not be so delegated.
   (d) If there is no neutral arbitrator, the powers and duties of a
neutral arbitrator may be exercised by a majority of the arbitrators.




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 arbitration agreement as made
or as modified by all the parties thereto:
   (a) (1) The neutral arbitrator shall appoint a time and place for
the hearing and cause notice thereof to be served personally or by
registered or certified mail on the parties to the arbitration and on
the other arbitrators not less than seven days before the hearing.
Appearance at the hearing waives the right to notice.
   (2)  With the exception of matters arising out of
collective-bargaining agreements, those described in Section 1283.05,
actions involving personal injury or death, or as provided in the
parties' agreement to arbitrate, in the event the aggregate amount in
controversy exceeds fifty thousand dollars ($50,000) and the
arbitrator is informed thereof by any party in writing by personal
service, registered or certified mail, prior to designating a time
and place of hearing pursuant to paragraph (1), the neutral
arbitrator by the means prescribed in paragraph (1) shall appoint a
time and place for hearing not less than 60 days before the hearing,
and the following provisions shall apply:
   (A) Either party shall within 15 days of receipt of the notice of
hearing have the right to demand in writing, served personally or by
registered or certified mail, that the other party provide a list of
witnesses it intends to call designating which witnesses will be
called as expert witnesses and a list of documents it intends to
introduce at the hearing provided that the demanding party provides
such lists at the time of its demand. A copy of such demand and the
demanding party's lists shall be served on the arbitrator.
   (B) Such lists shall be served personally or by registered or
certified mail on the requesting party 15 days thereafter. Copies
thereof shall be served on the arbitrator.
   (C) Listed documents shall be made available for inspection and
copying at reasonable times prior to the hearing.
   (D) Time limits provided herein may be waived by mutual agreement
of the parties if approved by the arbitrator.
   (E) The failure to list a witness or a document shall not bar the
testimony of an unlisted witness or the introduction of an
undesignated document at the hearing, provided that good cause for
omission from the requirements of subparagraph (A) is shown, as
determined by the arbitrator.
   (F) The authority of the arbitrator to administer and enforce this
paragraph shall be as provided in subdivisions (b) to (e),
inclusive, of Section 1283.05.
   (b) The neutral arbitrator may adjourn the hearing from time to
time as necessary. On request of a party to the arbitration for good
cause, or upon his own determination, the neutral arbitrator may
postpone the hearing to a time not later than the date fixed by the
agreement for making the award, or to a later date if the parties to
the arbitration consent thereto.
   (c) The neutral arbitrator shall preside at the hearing, shall
rule on the admission and exclusion of evidence and on questions of
hearing procedure and shall exercise all powers relating to the
conduct of the hearing.
   (d) The parties to the arbitration are entitled to be heard, to
present evidence and to cross-examine witnesses appearing at the
hearing, but rules of evidence and rules of judicial procedure need
not be observed. On request of any party to the arbitration, the
testimony of witnesses shall be given under oath.
   (e) If a court has ordered a person to arbitrate a controversy,
the arbitrators may hear and determine the controversy upon the
evidence produced notwithstanding the failure of a party ordered to
arbitrate, who has been duly notified, to appear.
   (f) If an arbitrator, who has been duly notified, for any reason
fails to participate in the arbitration, the arbitration shall
continue but only the remaining neutral arbitrator or neutral
arbitrators may make the award.
   (g) If a neutral arbitrator intends to base an award upon
information not obtained at the hearing, he shall disclose the
information to all parties to the arbitration and give the parties an
opportunity to meet it.



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 right may be revoked;
but if a party revokes that waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
   (b) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney admitted to
the bar of any other state may represent the parties in the course
of, or in connection with, an arbitration proceeding in this state,
provided that the attorney, if not admitted to the State Bar of
California, satisfies all of the following:
   (1) He or she timely serves the certificate described in
subdivision (c).
   (2) The attorney's appearance is approved in writing on that
certificate by the arbitrator, the arbitrators, or the arbitral
forum.
   (3) The certificate bearing approval of the attorney's appearance
is filed with the State Bar of California and served on the parties
as described in this section.
   (c) Within a reasonable period of time after the attorney
described in subdivision (b) indicates an intention to appear in the
arbitration, the attorney shall serve a certificate in a form
prescribed by the State Bar of California on the arbitrator,
arbitrators, or arbitral forum, the State Bar of California, and all
other parties and counsel in the arbitration whose addresses are
known to the attorney. The certificate shall state all of the
following:
   (1) The case name and number, and the name of the arbitrator,
arbitrators, or arbitral forum assigned to the proceeding in which
the attorney seeks to appear.
   (2) The attorney's residence and office address.
   (3) The courts before which the attorney has been admitted to
practice and the dates of admission.
   (4) That the attorney is currently a member in good standing of,
and eligible to practice law before, the bar of those courts.
   (5) That the attorney is not currently on suspension or disbarred
from the practice of law before the bar of any court.
   (6) That the attorney is not a resident of the State of
California.
   (7) That the attorney is not regularly employed in the State of
California.
   (8) That the attorney is not regularly engaged in substantial
business, professional, or other activities in the State of
California.
   (9) That the attorney agrees to be subject to the jurisdiction of
the courts of this state with respect to the law of this state
governing the conduct of attorneys to the same extent as a member of
the State Bar of California.
   (10) The title of the court and the cause in which the attorney
has filed an application to appear as counsel pro hac vice in this
state or filed a certificate pursuant to this section in the
preceding two years, the date of each application or certificate, and
whether or not it was granted. If the attorney has made repeated
appearances, the certificate shall reflect the special circumstances
that warrant the approval of the attorney's appearance in the
arbitration.
   (11) The name, address, and telephone number of the active member
of the State Bar of California who is the attorney of record.
   (d) The arbitrator, arbitrators, or arbitral forum may approve the
attorney's appearance if the attorney has complied with subdivision
(c). Failure to timely file and serve the certificate described in
subdivision (c) shall be grounds for disapproval of the appearance
and disqualification from serving as an attorney in the arbitration
in which the certificate was filed. In the absence of special
circumstances, repeated appearances shall be grounds for disapproval
of the appearance and disqualification from serving as an attorney in
the arbitration in which the certificate was filed.
   (e) Within a reasonable period of time after the arbitrator,
arbitrators, or arbitral forum approves the certificate, the attorney
shall file the certificate with the State Bar of California and
serve the certificate as described in Section 1013a on all parties
and counsel in the arbitration whose address is known to the
attorney.
   (f) An attorney who fails to file or serve the certificate
required by this section or files or serves a certificate containing
false information or who otherwise fails to comply with the standards
of professional conduct required of members of the State Bar of
California shall be subject to the disciplinary jurisdiction of the
State Bar with respect to that certificate or any of his or her acts
occurring in the course of the arbitration.
   (g) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney who is a
member in good standing of the bar of any state may represent the
parties in connection with rendering legal services in this state in
the course of and in connection with an arbitration pending in
another state.
   (h) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, any party to an
arbitration arising under collective bargaining agreements in
industries and provisions subject to either state or federal law may
be represented in the course of, and in connection with, those
proceedings by any person, regardless of whether that person is
licensed to practice law in this state.
   (i) Nothing in this section shall apply to Division 4 (commencing
with Section 3201) of the Labor Code.
   (j) (1) In enacting the amendments to this section made by
Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
of the Legislature to respond to the holding in Birbrower v. Superior
Court (1998) 17 Cal.4th 117, as modified at 17 Cal.4th 643a
(hereafter Birbrower), to provide a procedure for nonresident
attorneys who are not licensed in this state to appear in California
arbitration proceedings.
   (2) In enacting subdivision (h), it is the intent of the
Legislature to make clear that any party to an arbitration arising
under a collective bargaining agreement governed by the laws of this
state may be represented in the course of and in connection with
those proceedings by any person regardless of whether that person is
licensed to practice law in this state.
   (3) Except as otherwise specifically provided in this section, in
enacting the amendments to this section made by Assembly Bill 2086 of
the 1997-98 Regular Session, it is the Legislature's intent that
nothing in this section is intended to expand or restrict the ability
of a party prior to the decision in Birbrower to elect to be
represented by any person in a nonjudicial arbitration proceeding, to
the extent those rights or abilities existed prior to that decision.
To the extent that Birbrower is interpreted to expand or restrict
that right or ability pursuant to the laws of this state, it is
hereby abrogated except as specifically provided in this section.
   (4) In enacting subdivision (i), it is the intent of the
Legislature to make clear that nothing in this section shall affect
those provisions of law governing the right of injured workers to
elect to be represented by any person, regardless of whether that
person is licensed to practice law in this state, as set forth in
Division 4 (commencing with Section 3200) of the Labor Code.

   (k) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.



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 right may be revoked;
but if a party revokes the waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
   (b) This section shall become operative on January 1, 2013.



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 arbitration proceeding or a deposition
under Section 1283, and if Section 1283.05 is applicable, for the
purposes of discovery, shall be issued as provided in this section.
In addition, the neutral arbitrator upon his own determination may
issue subpoenas for the attendance of witnesses and subpoenas duces
tecum for the production of books, records, documents and other
evidence.
   (b) Subpoenas shall be issued, as of course, signed but otherwise
in blank, to the party requesting them, by a neutral association,
organization, governmental agency, or office if the arbitration
agreement provides for administration of the arbitration proceedings
by, or under the rules of, a neutral association, organization,
governmental agency or office or by the neutral arbitrator.
   (c) The party serving the subpoena shall fill it in before
service. Subpeonas shall be served and enforced in accordance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this
code.



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 discovery if the witness cannot be compelled
to attend the hearing or if exceptional circumstances exist as to
make it desirable, in the interest of justice and with due regard to
the importance of presenting the testimony of witnesses orally at the
hearing, to allow the deposition to be taken. The deposition shall
be taken in the manner prescribed by law for the taking of
depositions in civil actions. If the neutral arbitrator orders the
taking of the deposition of a witness who resides outside the state,
the party who applied for the taking of the deposition shall obtain a
commission, letters rogatory, or a letter of request therefor from
the superior court in accordance with Chapter 10 (commencing with
Section 2026.010) of Title 4 of Part 4.



1283.05.  To the extent provided in Section 1283.1 depositions may
be taken and discovery obtained in arbitration proceedings as
follows:
   (a) After the appointment of the arbitrator or arbitrators, the
parties to the arbitration shall have the right to take depositions
and to obtain discovery regarding the subject matter of the
arbitration, and, to that end, to use and exercise all of the same
rights, remedies, and procedures, and be subject to all of the same
duties, liabilities, and obligations in the arbitration with respect
to the subject matter thereof, as provided in Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4, and in Title 4 (commencing
with Section 2016.010) of Part 4, as if the subject matter of the
arbitration were pending before a superior court of this state in a
civil action other than a limited civil case, subject to the
limitations as to depositions set forth in subdivision (e) of this
section.
   (b) The arbitrator or arbitrators themselves shall have power, in
addition to the power of determining the merits of the arbitration,
to enforce the rights, remedies, procedures, duties, liabilities, and
obligations of discovery by the imposition of the same terms,
conditions, consequences, liabilities, sanctions, and penalties as
can be or may be imposed in like circumstances in a civil action by a
superior court of this state under the provisions of this code,
except the power to order the arrest or imprisonment of a person.
   (c) The arbitrator or arbitrators may consider, determine, and
make such orders imposing such terms, conditions, consequences,
liabilities, sanctions, and penalties, whenever necessary or
appropriate at any time or stage in the course of the arbitration,
and such orders shall be as conclusive, final, and enforceable as an
arbitration award on the merits, if the making of any such order that
is equivalent to an award or correction of an award is subject to
the same conditions, if any, as are applicable to the making of an
award or correction of an award.
   (d) For the purpose of enforcing the duty to make discovery, to
produce evidence or information, including books and records, and to
produce persons to testify at a deposition or at a hearing, and to
impose terms, conditions, consequences, liabilities, sanctions, and
penalties upon a party for violation of any such duty, such party
shall be deemed to include every affiliate of such party as defined
in this section. For such purpose:
   (1) The personnel of every such affiliate shall be deemed to be
the officers, directors, managing agents, agents, and employees of
such party to the same degree as each of them, respectively, bears
such status to such affiliate; and
   (2) The files, books, and records of every such affiliate shall be
deemed to be in the possession and control of, and capable of
production by, such party. As used in this section, "affiliate" of
the party to the arbitration means and includes any party or person
for whose immediate benefit the action or proceeding is prosecuted or
defended, or an officer, director, superintendent, member, agent,
employee, or managing agent of such party or person.
   (e) Depositions for discovery shall not be taken unless leave to
do so is first granted by the arbitrator or arbitrators.



1283.1.  (a) All of the provisions of Section 1283.05 shall be
conclusively deemed to be incorporated into, made a part of, and
shall be applicable to, every agreement to arbitrate any dispute,
controversy, or issue arising out of or resulting from any injury to,
or death of, a person caused by the wrongful act or neglect of
another.
   (b) Only if the parties by their agreement so provide, may the
provisions of Section 1283.05 be incorporated into, made a part of,
or made applicable to, any other arbitration agreement.



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 and mileage in the same amount and
under the same circumstances as prescribed by law for witnesses in
civil actions in the superior court. The fee and mileage of a witness
subpoenaed upon the application of a party to the arbitration shall
be paid by such party. The fee and mileage of a witness subpoenaed
soley upon the determination of the neutral arbitrator shall be paid
in the manner provided for the payment of the neutral arbitrator's
expenses.


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 arbitrators the decision of which is
necessary in order to determine the controversy.




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 the agreement.



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 arbitration. The parties to the
arbitration may extend the time either before or after the expiration
thereof. A party to the arbitration waives the objection that an
award was not made within the time required unless he gives the
arbitrators written notice of his objection prior to the service of a
signed copy of the award on him.



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 Section 1286.6 not later than 30 days
after service of a signed copy of the award on the applicant.
   Application for such correction shall be made not later than 10
days after service of a signed copy of the award on the applicant.
Upon or before making such application, the applicant shall deliver
or mail a copy of the application to all of the other parties to the
arbitration.
   Any party to the arbitration may make written objection to such
application. The objection shall be made not later than 10 days after
the application is delivered or mailed to the objector. Upon or
before making such objection, the objector shall deliver or mail a
copy of the objection to the applicant and all the other parties to
the arbitration.
   The arbitrators shall either deny the application or correct the
award. The denial of the application or the correction of the award
shall be in writing and signed by the arbitrators concurring therein,
and the neutral arbitrator shall serve a signed copy of such denial
or correction on each party to the arbitration personally or by
registered or certified mail or as provided in the agreement. If no
denial of the application or correction of the award is served within
the 30-day period provided in this section, the application for
correction shall be deemed denied on the last day thereof.



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 share of the expenses and fees of
the neutral arbitrator, together with other expenses of the
arbitration incurred or approved by the neutral arbitrator, not
including counsel fees or witness fees or other expenses incurred by
a party for his own benefit.



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 party to the arbitration pay the
fees and costs incurred by an opposing party if the consumer does not
prevail in the arbitration, including, but not limited to, the fees
and costs of the arbitrator, provider organization, attorney, or
witnesses.
   (b) (1) All fees and costs charged to or assessed upon a consumer
party by a private arbitration company in a consumer arbitration,
exclusive of arbitrator fees, shall be waived for an indigent
consumer. For the purposes of this section, "indigent consumer" means
a person having a gross monthly income that is less than 300 percent
of the federal poverty guidelines. Nothing in this section shall
affect the ability of a private arbitration company to shift fees
that would otherwise be charged or assessed upon a consumer party to
a nonconsumer party.
   (2) Prior to requesting or obtaining any fee, a private
arbitration company shall provide written notice of the right to
obtain a waiver of fees to a consumer or prospective consumer in a
manner calculated to bring the matter to the attention of a
reasonable consumer, including, but not limited to, prominently
placing a notice in its first written communication to the consumer
and in any invoice, bill, submission form, fee schedule, rules, or
code of procedure.
   (3) Any consumer requesting a waiver of fees or costs may
establish his or her eligibility by making a declaration under oath
on a form provided to the consumer by the private arbitration company
for signature stating his or her monthly income and the number of
persons living in his or her household. No private arbitration
company may require a consumer to provide any further statement or
evidence of indigence.
   (4) Any information obtained by a private arbitration company
about a consumer's identity, financial condition, income, wealth, or
fee waiver request shall be kept confidential and may not be
disclosed to any adverse party or any nonparty to the arbitration,
except a private arbitration company may not keep confidential the
number of waiver requests received or granted, or the total amount of
fees waived.
   (c) This section applies to all consumer arbitration agreements
subject to this article, and to all consumer arbitration proceedings
conducted in California.