Ediscovery
Sep. 15, 2025
SB 940 and the future of arbitration: A new era of discovery in California
SB 940 expands arbitration discovery rights by granting parties nearly the same discovery tools available in trial court proceedings, repealing CCP §1283.1, amending §1283.05, and empowering arbitrators to regulate and enforce discovery except in limited civil cases.
Steven J. Cologne
Former Managing Partner
Higgs, Fletcher & Mack LLP
401 West A Street
San Diego , CA 92101
Email: scologne@higgslaw.com
Effective Jan. 1, 2025, California's Senate Bill 940 (SB 940) expanded arbitration discovery rights by amending California Code of Civil Procedure (CCP) Section 1283.05 and repealing CCP Section 1283.1. SB 940 provides arbitrating parties with relatively the same discovery rights as trial causes of action and increases the power of arbitrators to regulate discovery.
Applicability
Previously, CCP Section 1283.1 gran...
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