Bill Text: CA SB907 | 2013-2014 | Regular Session | Amended

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Bill Title: International commercial disputes: representation and assistance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-05-08 - Referred to Com. on JUD. [SB907 Detail]

Download: California-2013-SB907-Amended.html

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BILL NUMBER: SB 907	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2014
	AMENDED IN SENATE  MARCH 24, 2014
	AMENDED IN SENATE  MARCH 6, 2014

INTRODUCED BY   Senator Monning

                        JANUARY 22, 2014

   An act to add  Sections   Section 
1297.18  and 1297.19  to, and to repeal Article 2
(commencing with Section 1297.351) of Chapter 7 of Title 9.3 of Part
3 of, the Code of Civil Procedure, relating to international
commercial disputes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 907, as amended, Monning. International commercial disputes:
representation and assistance.
   Existing law includes provisions that govern arbitration and
conciliation proceedings for international commercial disputes.
Existing law authorizes the parties in a conciliation proceeding to
appear in person or be represented or assisted by any person of their
choice, and provides that a person representing or assisting a party
is not required to be a member of the legal profession or licensed
to practice law in California.
   This bill would recast the provision regarding representation and
assistance of parties, thus making the provision applicable to any
arbitration or conciliation proceeding conducted pursuant to the
statutory provisions that govern arbitration and conciliation of
international commercial disputes. The bill would  also 
express the intent of the Legislature  that those statutory
provisions be broadly construed so as  to promote California's
interest in becoming a major center for international commercial
arbitration  , and would require the act to be construed
liberally in order to effectuate that intent  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) The statutes governing the arbitration and conciliation of
international commercial disputes were enacted in 1988 to recognize,
support, and promote the benefits of international commercial
arbitration and conciliation in California.
   (2) California's robust, internationally oriented economy and
concentration of large companies occupying positions of global
leadership make California an ideal venue for international
commercial arbitration.
   (3) The economic benefits of being a center for international
commercial arbitration are substantial, broadly based, and
distributed across both state and municipal levels.
   (b) Therefore, it is the intent of the Legislature that the
statutes governing the arbitration and conciliation of international
commercial disputes be broadly construed so as to promote California'
s interest in becoming a major center for international commercial
arbitration.
  SEC. 2.  Section 1297.18 is added to the Code of Civil Procedure,
to read:
   1297.18.  In any proceeding or procedure conducted pursuant to
this title, the parties may appear in person or be represented or
assisted by any person of their choice. A person representing or
assisting a party need not be a member of the legal profession or
licensed to practice law in California. 
  SEC. 3.    Section 1297.19 is added to the Code of
Civil Procedure, to read:
   1297.19.  This title shall be construed liberally in order to
effectuate its legislative intent. The purposes of this title and all
of its provisions with respect to powers granted shall be broadly
interpreted to effectuate that intent and purposes and not as to any
limitation of powers. 
   SEC. 4.   SEC. 3.   Article 2
(commencing with Section 1297.351) of Chapter 7 of Title 9.3 of Part
3 of the Code of Civil Procedure is repealed.