1281-1281.96
CODE OF CIVIL PROCEDURE
SECTION 1281-1281.96
1281. A written agreement to submit to arbitration an existing
controversy or a controversy thereafter arising is valid, enforceable
and irrevocable, save upon such grounds as exist for the revocation
of any contract.
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 agreement to submit a
controversy to arbitration.
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 time, the commencement of a civil action
by that party based upon that controversy, within that period of
time, shall toll the applicable time limitations contained in the
arbitration agreement with respect to that controversy, from the date
the civil action is commenced until 30 days after a final
determination by the court that the party is required to arbitrate
the controversy, or 30 days after the final termination of the civil
action that was commenced and initiated the tolling, whichever date
occurs first.
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 thereto refuses to arbitrate such controversy, the court
shall order the petitioner and the respondent to arbitrate the
controversy if it determines that an agreement to arbitrate the
controversy exists, unless it determines that:
(a) The right to compel arbitration has been waived by the
petitioner; or
(b) Grounds exist for the revocation of the agreement.
(c) A party to the arbitration agreement is also a party to a
pending court action or special proceeding with a third party,
arising out of the same transaction or series of related transactions
and there is a possibility of conflicting rulings on a common issue
of law or fact. For purposes of this section, a pending court action
or special proceeding includes an action or proceeding initiated by
the party refusing to arbitrate after the petition to compel
arbitration has been filed, but on or before the date of the hearing
on the petition. This subdivision shall not be applicable to an
agreement to arbitrate disputes as to the professional negligence of
a health care provider made pursuant to Section 1295.
If the court determines that a written agreement to arbitrate a
controversy exists, an order to arbitrate such controversy may not be
refused on the ground that the petitioner's contentions lack
substantive merit.
If the court determines that there are other issues between the
petitioner and the respondent which are not subject to arbitration
and which are the subject of a pending action or special proceeding
between the petitioner and the respondent and that a determination of
such issues may make the arbitration unnecessary, the court may
delay its order to arbitrate until the determination of such other
issues or until such earlier time as the court specifies.
If the court determines that a party to the arbitration is also a
party to litigation in a pending court action or special proceeding
with a third party as set forth under subdivision (c) herein, the
court (1) may refuse to enforce the arbitration agreement and may
order intervention or joinder of all parties in a single action or
special proceeding; (2) may order intervention or joinder as to all
or only certain issues; (3) may order arbitration among the parties
who have agreed to arbitration and stay the pending court action or
special proceeding pending the outcome of the arbitration proceeding;
or (4) may stay arbitration pending the outcome of the court action
or special proceeding.
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 arbitration proceedings when:
(1) Separate arbitration agreements or proceedings exist between
the same parties; or one party is a party to a separate arbitration
agreement or proceeding with a third party; and
(2) The disputes arise from the same transactions or series of
related transactions; and
(3) There is common issue or issues of law or fact creating the
possibility of conflicting rulings by more than one arbitrator or
panel of arbitrators.
If all of the applicable arbitration agreements name the same
arbitrator, arbitration panel, or arbitration tribunal, the court, if
it orders consolidation, shall order all matters to be heard before
the arbitrator, panel, or tribunal agreed to by the parties. If the
applicable arbitration agreements name separate arbitrators, panels,
or tribunals, the court, if it orders consolidation, shall, in the
absence of an agreed method of selection by all parties to the
consolidated arbitration, appoint an arbitrator in accord with the
procedures set forth in Section 1281.6.
In the event that the arbitration agreements in consolidated
proceedings contain inconsistent provisions, the court shall resolve
such conflicts and determine the rights and duties of the various
parties to achieve substantial justice under all the circumstances.
The court may exercise its discretion under this section to deny
consolidation of separate arbitration proceedings or to consolidate
separate arbitration proceedings only as to certain issues, leaving
other issues to be resolved in separate proceedings.
This section shall not be applicable to an agreement to arbitrate
disputes as to the professional negligence of a health care provider
made pursuant to Section 1295.
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 proceeding pending before a court of this
State, the court in which such action or proceeding is pending shall,
upon motion of a party to such action or proceeding, stay the action
or proceeding until an arbitration is had in accordance with the
order to arbitrate or until such earlier time as the court specifies.
If an application has been made to a court of competent
jurisdiction, whether in this State or not, for an order to arbitrate
a controversy which is an issue involved in an action or proceeding
pending before a court of this State and such application is
undetermined, the court in which such action or proceeding is pending
shall, upon motion of a party to such action or proceeding, stay the
action or proceeding until the application for an order to arbitrate
is determined and, if arbitration of such controversy is ordered,
until an arbitration is had in accordance with the order to arbitrate
or until such earlier time as the court specifies.
If the issue which is the controversy subject to arbitration is
severable, the stay may be with respect to that issue only.
1281.5. (a) Any person who proceeds to record and enforce a claim
of lien by commencement of an action pursuant to Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, does
not thereby waive any right of arbitration the person may have
pursuant to a written agreement to arbitrate, if, in filing an action
to enforce the claim of lien, the claimant does either of the
following:
(1) Includes an allegation in the complaint that the claimant does
not intend to waive any right of arbitration, and intends to move
the court, within 30 days after service of the summons and complaint,
for an order to stay further proceedings in the action.
(2) At the same time that the complaint is filed, the claimant
files an application that the action be stayed pending the
arbitration of any issue, question, or dispute that is claimed to be
arbitrable under the agreement and that is relevant to the action to
enforce the claim of lien.
(b) Within 30 days after service of the summons and complaint, the
claimant shall file and serve a motion and notice of motion pursuant
to Section 1281.4 to stay the action pending the arbitration of any
issue, question, or dispute that is claimed to be arbitrable under
the agreement and that is relevant to the action to enforce the claim
of lien. The failure of a claimant to comply with this subdivision
is a waiver of the claimant's right to compel arbitration.
(c) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time the defendant answers the
complaint filed pursuant to subdivision (a) is a waiver of the
defendant's right to compel arbitration.
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 of Part 6 of Division 4 of
the Civil Code, does not thereby waive any right of arbitration the
person may have pursuant to a written agreement to arbitrate, if, in
filing an action to enforce the claim of lien, the claimant does
either of the following:
(1) Includes an allegation in the complaint that the claimant does
not intend to waive any right of arbitration, and intends to move
the court, within 30 days after service of the summons and complaint,
for an order to stay further proceedings in the action.
(2) At the same time that the complaint is filed, the claimant
files an application that the action be stayed pending the
arbitration of any issue, question, or dispute that is claimed to be
arbitrable under the agreement and that is relevant to the action to
enforce the claim of lien.
(b) Within 30 days after service of the summons and complaint, the
claimant shall file and serve a motion and notice of motion pursuant
to Section 1281.4 to stay the action pending the arbitration of any
issue, question, or dispute that is claimed to be arbitrable under
the agreement and that is relevant to the action to enforce the claim
of lien. The failure of a claimant to comply with this subdivision
is a waiver of the claimant's right to compel arbitration.
(c) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time the defendant answers the
complaint filed pursuant to subdivision (a) is a waiver of the
defendant's right to compel arbitration.
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 method for appointing an
arbitrator, the parties to the agreement who seek arbitration and
against whom arbitration is sought may agree on a method of
appointing an arbitrator and that method shall be followed. In the
absence of an agreed method, or if the agreed method fails or for any
reason cannot be followed, or when an arbitrator appointed fails to
act and his or her successor has not been appointed, the court, on
petition of a party to the arbitration agreement, shall appoint the
arbitrator.
When a petition is made to the court to appoint a neutral
arbitrator, the court shall nominate five persons from lists of
persons supplied jointly by the parties to the arbitration or
obtained from a governmental agency concerned with arbitration or
private disinterested association concerned with arbitration. The
parties to the agreement who seek arbitration and against whom
arbitration is sought may within five days of receipt of notice of
the nominees from the court jointly select the arbitrator whether or
not the arbitrator is among the nominees. If the parties fail to
select an arbitrator within the five-day period, the court shall
appoint the arbitrator from the nominees.
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 the petition to plead to the
complaint.