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Code of Civil Procedure - CCP - CCP § 1297.71
Code of Civil Procedure - CCP - CCP § 1297.71
An “arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an a
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Code of Civil Procedure - CCP - CCP § 1297.72
Code of Civil Procedure - CCP - CCP § 1297.72
An arbitration agreement shall be in writing.
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Code of Civil Procedure - CCP - CCP § 1297.73
Code of Civil Procedure - CCP - CCP § 1297.73
(a) An arbitration agreement is in writing if its content is recorded in any form, including, but not limited to, in a document signed by the parties or in an exchange of letters, telex, telegrams, electronic mail, or other means of telecommunication accessible for subsequent ref
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Code of Civil Procedure - CCP - CCP § 1297.81
Code of Civil Procedure - CCP - CCP § 1297.81
When a party to an international commercial arbitration agreement as defined in this title commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the superior court for an order t
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Code of Civil Procedure - CCP - CCP § 1297.82
Code of Civil Procedure - CCP - CCP § 1297.82
A timely request for a stay of judicial proceedings made under Section 1297.81 shall be granted.
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Code of Civil Procedure - CCP - CCP § 1297.90
Code of Civil Procedure - CCP - CCP § 1297.90
It is not incompatible with an arbitration agreement for a party to request from a superior court, before or during arbitral proceedings, an interim measure of protection, or for the court to grant such a measure.
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Code of Civil Procedure - CCP - CCP § 1297.91
Code of Civil Procedure - CCP - CCP § 1297.91
A superior court shall have the same power to issue an interim measure of protection in relation to arbitration proceedings, irrespective of whether the place of arbitration is in California, as it has in relation to proceedings filed in the first instance in the superior courts.
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Code of Civil Procedure - CCP - CCP § 1297.92
Code of Civil Procedure - CCP - CCP § 1297.92
Any party to an arbitration governed by this title may request the superior court to enforce an interim measure of protection granted by an arbitral tribunal pursuant to Article 2 (commencing with Section 1297.171) of Chapter 4.
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Code of Civil Procedure - CCP - CCP § 1297.93
Code of Civil Procedure - CCP - CCP § 1297.93
Measures which the court may grant in connection with a pending arbitration include, but are not limited to: (a) An order of attachment issued to assure that the award to which applicant may be entitled is not rendered ineffectual by the dissipation of party assets. (b) A prelimi
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Code of Civil Procedure - CCP - CCP § 1297.94
Code of Civil Procedure - CCP - CCP § 1297.94
In considering a request for interim relief, the court shall give preclusive effect to any and all findings of fact of the arbitral tribunal including the probable validity of the claim which is the subject of the award for interim relief and which the arbitral tribunal has previ
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Code of Civil Procedure - CCP - CCP § 1297.95
Code of Civil Procedure - CCP - CCP § 1297.95
Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal’s findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbit
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Code of Civil Procedure - CCP - CCP § 1298
Code of Civil Procedure - CCP - CCP § 1298
(a) Whenever any contract to convey real property, or contemplated to convey real property in the future, including marketing contracts, deposit receipts, real property sales contracts as defined in Section 2985 of the Civil Code, leases together with options to purchase, or grou
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Code of Civil Procedure - CCP - CCP § 1298.5
Code of Civil Procedure - CCP - CCP § 1298.5
Any party to an action who proceeds to record a notice of pending action pursuant to Section 409 shall not thereby waive any right of arbitration which that person may have pursuant to a written agreement to arbitrate, nor any right to petition the court to compel arbitration pur
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Code of Civil Procedure - CCP - CCP § 1298.7
Code of Civil Procedure - CCP - CCP § 1298.7
In the event an arbitration provision is included in a contract or agreement covered by this title, it shall not preclude or limit any right of action for bodily injury or wrongful death, or any right of action to which Section 337.1 or 337.15 is applicable.
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Code of Civil Procedure - CCP - CCP § 1298.8
Code of Civil Procedure - CCP - CCP § 1298.8
This title shall become operative on July 1, 1989, and shall only apply to contracts or agreements entered into on or after that date.
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Code of Civil Procedure - CCP - CCP § 1299
Code of Civil Procedure - CCP - CCP § 1299
The Legislature hereby finds and declares that strikes taken by firefighters and law enforcement officers against public employers are a matter of statewide concern, are a predictable consequence of labor strife and poor morale that is often the outgrowth of substandard wages and
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Code of Civil Procedure - CCP - CCP § 1299.2
Code of Civil Procedure - CCP - CCP § 1299.2
This title shall apply to all employers of firefighters and law enforcement officers.
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Code of Civil Procedure - CCP - CCP § 1299.3
Code of Civil Procedure - CCP - CCP § 1299.3
As used in this title: (a) “Employee” means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b). (b) “Employee organization” means any organization recognized by the employer for the purpose of representing firefighter
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Code of Civil Procedure - CCP - CCP § 1299.4
Code of Civil Procedure - CCP - CCP § 1299.4
(a) If an impasse has been declared after the parties have exhausted their mutual efforts to reach agreement over matters within the scope of arbitration, and the parties are unable to agree to the appointment of a mediator, or if a mediator agreed to by the parties is unable to
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Code of Civil Procedure - CCP - CCP § 1299.5
Code of Civil Procedure - CCP - CCP § 1299.5
(a) The arbitration panel shall, within 10 days after its establishment or any additional periods to which the parties agree, meet with the parties or their representatives, either jointly or separately, make inquiries and investigations, hold hearings, and take any other action
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Code of Civil Procedure - CCP - CCP § 1299.6
Code of Civil Procedure - CCP - CCP § 1299.6
(a) The arbitration panel shall direct that five days prior to the commencement of its hearings, each of the parties shall submit the last best offer of settlement as to each of the issues within the scope of arbitration, as defined in this title, made in bargaining as a proposal
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Code of Civil Procedure - CCP - CCP § 1299.7
Code of Civil Procedure - CCP - CCP § 1299.7
(a) The arbitration panel shall mail or otherwise deliver a copy of the decision to the parties. However, the decision of the arbitration panel shall not be publicly disclosed, and shall not be binding, for a period of five days after service to the parties. During that five-day
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Code of Civil Procedure - CCP - CCP § 1299.8
Code of Civil Procedure - CCP - CCP § 1299.8
Unless otherwise provided in this title, Title 9 (commencing with Section 1280) shall be applicable to any arbitration proceeding undertaken pursuant to this title.
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Code of Civil Procedure - CCP - CCP § 1299.9
Code of Civil Procedure - CCP - CCP § 1299.9
(a) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter that was amended prior to January 1, 2004, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, a
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Code of Civil Procedure - CCP - CCP § 12a
Code of Civil Procedure - CCP - CCP § 12a
(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means al