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CA AB1903

Bill

Status

Passed

7/15/2024

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Expands the definition of written arbitration agreements to include electronic communications (email, data messages) if the information is accessible for subsequent reference, and adds that an arbitration agreement is in writing if contained in an exchange of statements of claim and defense where one party alleges its existence and the other does not deny it.

  • Defines "interim measure of protection" as any temporary measure an arbitral tribunal may order a party to: maintain or restore status quo, take action to prevent harm to the arbitral process, preserve assets for award satisfaction, or preserve relevant evidence.

  • Establishes requirements for granting interim measures: the requesting party must show irreparable harm that substantially outweighs harm to the opposing party and a reasonable possibility of success on the merits (with modified requirements for evidence preservation requests).

  • Allows parties to request interim measures without notice to other parties, with the arbitral tribunal able to grant preliminary orders if prior disclosure risks frustrating the measure's purpose; preliminary orders expire after 20 days unless an interim measure is issued afterward.

  • Makes interim measures issued by arbitral tribunals final and binding, recognizable and enforceable in superior court, with limited grounds for refusal including party incapacity, improper notice, matters outside arbitration scope, procedural irregularities, or public policy concerns.

Legislative Description

International commercial arbitration: procedure.

Last Action

Chaptered by Secretary of State - Chapter 90, Statutes of 2024.

7/15/2024

Committee Referrals

Appropriations6/4/2024
Judiciary5/1/2024
Rules4/4/2024
Appropriations3/12/2024
Judiciary2/5/2024

Full Bill Text

No bill text available