BILL NUMBER: AB 1090CHAPTERED BILL TEXT CHAPTER 133 FILED WITH SECRETARY OF STATE AUGUST 6, 2009 APPROVED BY GOVERNOR AUGUST 5, 2009 PASSED THE SENATE JUNE 22, 2009 PASSED THE ASSEMBLY MAY 14, 2009 AMENDED IN ASSEMBLY MAY 12, 2009 INTRODUCED BY Assembly Member Monning FEBRUARY 27, 2009 An act to amend Section 1281.85 of the Code of Civil Procedure, relating to arbitration. LEGISLATIVE COUNSEL'S DIGEST AB 1090, Monning. Arbitration. Existing law requires a person serving as a neutral arbitrator pursuant to an arbitration agreement to comply with the ethics standards for arbitrators adopted by the Judicial Council. Existing law also specifies that these provisions do not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. This bill would specify that certain ethics requirements and standards are nonnegotiable and shall not be waived. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1281.85 of the Code of Civil Procedure is amended to read: 1281.85. (a) Beginning July 1, 2002, a person serving as a neutral arbitrator pursuant to an arbitration agreement shall comply with the ethics standards for arbitrators adopted by the Judicial Council pursuant to this section. The Judicial Council shall adopt ethical standards for all neutral arbitrators effective July 1, 2002. These standards shall be consistent with the standards established for arbitrators in the judicial arbitration program and may expand but may not limit the disclosure and disqualification requirements established by this chapter. The standards shall address the disclosure of interests, relationships, or affiliations that may constitute conflicts of interest, including prior service as an arbitrator or other dispute resolution neutral entity, disqualifications, acceptance of gifts, and establishment of future professional relationships. (b) Subdivision (a) does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. (c) The ethics requirements and standards of this chapter are nonnegotiable and shall not be waived.