CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

CHAPTER 46

Statutes of 2026

[ Approved by Governor June 30, 2026. Filed with Secretary of State June 30, 2026. ]

Introduced by Assembly Member Aguiar-Curry

February 18, 2026

An act to amend Section 1281 of the Code of Civil Procedure, relating to arbitration.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides that written agreements to submit controversies to arbitration are valid and enforceable. Existing federal law, the Federal Arbitration Act, also deems arbitration agreements valid, irrevocable, and enforceable, except for certain specified types of agreements, such as agreements to arbitrate claims of sexual harassment.

This bill would make agreements to submit to arbitration unenforceable where the agreement would not be enforceable under the Federal Arbitration Act.

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature finds and declares that it is the policy of this state to ensure that all persons have the full benefit of the rights, forums, and procedures established under state law.

(b) It is the purpose of this act to incorporate into the California Arbitration Act any and all exclusions under the Federal Arbitration Act (9 U.S.C. Sec. 1 et seq.), including contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce, and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. Sec. 401 et seq.), including claims that relate to a sexual harassment dispute or sexual assault dispute.

SEC. 2.

Section 1281 of the Code of Civil Procedure is amended to read:

1281.

(a) 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.

(b) Notwithstanding subdivision (a), a written agreement to submit to arbitration is not enforceable under this section to the extent the agreement is not enforceable under the Federal Arbitration Act (9 U.S.C. Sec. 1 et seq.).