Code Section Group

Code of Civil Procedure - CCP

PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60]

  ( Part 3 enacted 1872. )

TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432]

  ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. )

CHAPTER 7. Conciliation [1297.341 - 1297.432]

  ( Chapter 7 added by Stats. 1988, Ch. 23, Sec. 1. )

ARTICLE 1. Appointment of Conciliators [1297.341 - 1297.343]
  ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )

1297.341.
  

It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation pursuant to Section 1297.13, to resolve disputes arising from such agreements or transactions through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to serve as the conciliator or conciliators who shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

1297.342.
  

The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous practices between the parties.

(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

1297.343.
  

The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise provided in this title, other provisions of this code, the Evidence Code, or the California Rules of Court, shall not apply to conciliation proceedings brought under this title.

(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

CCPCode of Civil Procedure - CCP1.