California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33.1 - Arbitration Certification Program
Article 3 - Minimum Standards for Arbitration Programs
Section 3398.10 - Content of Decision
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The arbitrator shall render a fair decision based upon the information gathered by the arbitration program in its investigation of the facts (Section 3398.5) and upon any information submitted by the parties under Section 3398.8 at the meeting to decide disputes.
(b) The decision shall take into account all legal and equitable factors, including but not limited to the written warranty, the applicable law, and any other equitable considerations appropriate in the circumstances.
(c) The decision shall include any remedies which the arbitrator finds appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, compensation for damages, and any other remedies available under the written warranty or the applicable law, and need not be limited to the specific relief sought by the consumer.
(d) Nothing in this section requires that decisions must consider or provide remedies in the form of awards of punitive damages or multiple damages under Civil Code Section 1794(c), attorney's fees under Civil Code Section 1794(d), or consequential damages other than (1) incidental damages to which the consumer is entitled under Civil Code Section 1793.2(d)(2), or (2) any other remedies provided under Civil Code Section 1794(a) and (b), provided that any limit on the scope of the remedies, pursuant to this subdivision, shall be limited to those authorized in this subdivision, and shall be disclosed with the information required under Sections 3397.2(a) and 3398.4(c).
(e) The decision shall be in writing and shall include a brief statement of the reasons therefor. The statement of reasons shall include the arbitrator's determination of each issue identified in Section 3398.5(c) relevant to the particular dispute.
(f) The decision shall prescribe a reasonable time, not to exceed 30 days after the manufacturer (or its agents) is notified that the consumer has accepted the decision, within which the manufacturer or its agents must perform the terms of the decision.
(g) No agreement to arbitrate shall limit an arbitrator's authority to provide any remedies, except as authorized by this section.
1. New section
filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
without regulatory effect amending NOTE filed 8-31-94 pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 35).
Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: 16 CFR Section 703.5(d)(1); and Sections 1793.2(d)(2), 1793.22(d)(3), (5), (6) and (7), Civil Code.
