Code of Civil Procedure
Part 4 of 17 · provisions 601–800
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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.
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- 1282.5. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
A party in arbitration may require a certified shorthand reporter to transcribe a deposition, proceeding, or hearing, and that transcript becomes the official record.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1282.5. (a) (1) A party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing. The transcript shall be the official record of the deposition, proceeding, or hearing. (2) A party requesting a certified shorthand reporter shall make his or her request in or at either of the following: (A) A demand for arbitration, or a response, answer, or counterclaim to a demand for arbitration. (B) A pre-hearing scheduling conference at which a deposition, proceeding, or hearing is being calendared. (b) If an arbitration agreement does not provide for a certified shorthand reporter, the party requesting the transcript shall incur the expense of the certified shorthand reporter. However, in a consumer arbitration, a certified shorthand reporter shall be provided upon request of an indigent consumer, as defined in Section 1284.3, at the expense of the nonconsumer party. (c) If an arbitrator refuses to allow a party to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing pursuant to this section, the party may petition the court for an order to compel the arbitrator to grant the party’s request. The petition may include a request for an order to stay any deposition, proceeding, or hearing related to the arbitration pending the court’s determination of the petition. (d) This section does not add grounds for vacating an arbitration award pursuant to subdivision (a) of Section 1286.2 or for correcting an arbitration award pursuant to Section 1286.6. (Added by Stats. 2016, Ch. 626, Sec. 1. (SB 1007) Effective January 1, 2017.) - 1282.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
This section governs how subpoenas are issued, filled out, served, and enforced in arbitration proceedings.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1282.6. (a) A subpoena requiring the attendance of witnesses, and a subpoena duces tecum for the production of books, records, documents, and other evidence, at an arbitration proceeding or a deposition under Sections 1283 and 1283.05 for the purposes of discovery, shall be issued as provided in this section. In addition, the neutral arbitrator upon their own determination may issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, and other evidence. (b) Subpoenas shall be issued, as of course, signed but otherwise in blank, to the party requesting them, by a neutral association, organization, governmental agency, or office if the arbitration agreement provides for administration of the arbitration proceedings by, or under the rules of, a neutral association, organization, governmental agency or office, or by the neutral arbitrator. (c) The party serving the subpoena shall fill it in before service. Subpoenas shall be served and enforced in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this code. (Amended by Stats. 2024, Ch. 986, Sec. 6. (SB 940) Effective January 1, 2025.) - 1282.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
The neutral arbitrator may administer oaths.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1282.8. The neutral arbitrator may administer oaths. (Added by Stats. 1961, Ch. 461.) - 1283. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
A neutral arbitrator may allow a witness deposition for evidence, not discovery, when the witness cannot be compelled to attend or exceptional circumstances make it desirable.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1283. On application of a party to the arbitration, the neutral arbitrator may order the deposition of a witness to be taken for use as evidence and not for discovery if the witness cannot be compelled to attend the hearing or if exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally at the hearing, to allow the deposition to be taken. The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions. If the neutral arbitrator orders the taking of the deposition of a witness who resides outside the state, the party who applied for the taking of the deposition shall obtain a commission, letters rogatory, or a letter of request therefor from the superior court in accordance with Chapter 10 (commencing with Section 2026.010) of Title 4 of Part 4. (Amended by Stats. 2005, Ch. 294, Sec. 4. Effective January 1, 2006.) - 1283.05. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
After an arbitrator is appointed, the parties may take depositions and obtain discovery about the arbitration subject, but discovery depositions need leave from the arbitrator first.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1283.05. Depositions may be taken and discovery obtained in arbitration proceedings as follows: (a) After the appointment of the arbitrator or arbitrators, the parties to the arbitration shall have the right to take depositions and to obtain discovery regarding the subject matter of the arbitration, and, to that end, to use and exercise all of the same rights, remedies, and procedures, and be subject to all of the same duties, liabilities, and obligations in the arbitration with respect to the subject matter thereof, as provided in Chapter 2 (commencing with Section 1985) of Title 3 of Part 4, and in Title 4 (commencing with Section 2016.010) of Part 4, as if the subject matter of the arbitration were pending before a superior court of this state in a civil action other than a limited civil case, subject to the limitations as to depositions set forth in subdivision (e) of this section. (b) The arbitrator or arbitrators themselves shall have power, in addition to the power of determining the merits of the arbitration, to enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery by the imposition of the same terms, conditions, consequences, liabilities, sanctions, and penalties as can be or may be imposed in like circumstances in a civil action by a superior court of this state under the provisions of this code, except the power to order the arrest or imprisonment of a person. (c) The arbitrator or arbitrators may consider, determine, and make such orders imposing such terms, conditions, consequences, liabilities, sanctions, and penalties, whenever necessary or appropriate at any time or stage in the course of the arbitration, and such orders shall be as conclusive, final, and enforceable as an arbitration award on the merits, if the making of any such order that is equivalent to an award or correction of an award is subject to the same conditions, if any, as are applicable to the making of an award or correction of an award. (d) For the purpose of enforcing the duty to make discovery, to produce evidence or information, including books and records, and to produce persons to testify at a deposition or at a hearing, and to impose terms, conditions, consequences, liabilities, sanctions, and penalties upon a party for violation of any such duty, such party shall be deemed to include every affiliate of such party as defined in this section. For such purpose: (1) The personnel of every such affiliate shall be deemed to be the officers, directors, managing agents, agents, and employees of such party to the same degree as each of them, respectively, bears such status to such affiliate; and (2) The files, books, and records of every such affiliate shall be deemed to be in the possession and control of, and capable of production by, such party. As used in this section, “affiliate” of the party to the arbitration means and includes any party or person for whose immediate benefit the action or proceeding is prosecuted or defended, or an officer, director, superintendent, member, agent, employee, or managing agent of such party or person. (e) Depositions for discovery shall not be taken unless leave to do so is first granted by the arbitrator or arbitrators. (Amended by Stats. 2024, Ch. 986, Sec. 7. (SB 940) Effective January 1, 2025.) - 1283.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
Most subpoenaed witnesses in arbitration are entitled to fees and mileage, except the parties, their agents, officers, and employees. If a party subpoenas the witness, that party must pay those costs.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1283.2. Except for the parties to the arbitration and their agents, officers and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees and mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in the superior court. The fee and mileage of a witness subpoenaed upon the application of a party to the arbitration shall be paid by such party. The fee and mileage of a witness subpoenaed soley upon the determination of the neutral arbitrator shall be paid in the manner provided for the payment of the neutral arbitrator’s expenses. (Added by Stats. 1961, Ch. 461.) - 1283.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
An arbitration award must be written and signed by the arbitrators who agree with it.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1283.4. The award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the arbitrators the decision of which is necessary in order to determine the controversy. (Added by Stats. 1961, Ch. 461.) - 1283.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
The neutral arbitrator must serve a signed copy of the award on each party.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1283.6. The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement. (Added by Stats. 1961, Ch. 461.) - 1283.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
An arbitration award must be made within the agreed time, or within a court-ordered time if no time is fixed. The parties may extend the time, and a party who wants to challenge lateness must give the arbitrators written notice before the signed award is served.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1283.8. The award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on petition of a party to the arbitration. The parties to the arbitration may extend the time either before or after the expiration thereof. A party to the arbitration waives the objection that an award was not made within the time required unless he gives the arbitrators written notice of his objection prior to the service of a signed copy of the award on him. (Added by Stats. 1961, Ch. 461.) - 1284. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
This section lets arbitrators correct an award after a party asks in writing, and sets deadlines for the request, objections, and service of the decision.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1284. The arbitrators, upon written application of a party to the arbitration, may correct the award upon any of the grounds set forth in subdivisions (a) and (c) of Section 1286.6 not later than 30 days after service of a signed copy of the award on the applicant. Application for such correction shall be made not later than 10 days after service of a signed copy of the award on the applicant. Upon or before making such application, the applicant shall deliver or mail a copy of the application to all of the other parties to the arbitration. Any party to the arbitration may make written objection to such application. The objection shall be made not later than 10 days after the application is delivered or mailed to the objector. Upon or before making such objection, the objector shall deliver or mail a copy of the objection to the applicant and all the other parties to the arbitration. The arbitrators shall either deny the application or correct the award. The denial of the application or the correction of the award shall be in writing and signed by the arbitrators concurring therein, and the neutral arbitrator shall serve a signed copy of such denial or correction on each party to the arbitration personally or by registered or certified mail or as provided in the agreement. If no denial of the application or correction of the award is served within the 30-day period provided in this section, the application for correction shall be deemed denied on the last day thereof. (Repealed and added by Stats. 1961, Ch. 461.) - 1284.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
By default, each arbitration party must pay a pro rata share of the neutral arbitrator’s fees and other approved arbitration expenses.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1284.2. Unless the arbitration agreement otherwise provides or the parties to the arbitration otherwise agree, each party to the arbitration shall pay his pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees or other expenses incurred by a party for his own benefit. (Added by Stats. 1961, Ch. 461.) - 1284.3. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
Consumer arbitration companies and neutral arbitrators cannot administer certain consumer arbitrations requiring the consumer to pay the other side’s fees if the consumer loses; indigent consumers get a fee waiver, notice, limited proof requirements, and confidentiality protections.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1284.3. (a) No neutral arbitrator or private arbitration company shall administer a consumer arbitration under any agreement or rule requiring that a consumer who is a party to the arbitration pay the fees and costs incurred by an opposing party if the consumer does not prevail in the arbitration, including, but not limited to, the fees and costs of the arbitrator, provider organization, attorney, or witnesses. (b) (1) All fees and costs charged to or assessed upon a consumer party by a private arbitration company in a consumer arbitration, exclusive of arbitrator fees, shall be waived for an indigent consumer. For the purposes of this section, “indigent consumer” means a person having a gross monthly income that is less than 300 percent of the federal poverty guidelines. Nothing in this section shall affect the ability of a private arbitration company to shift fees that would otherwise be charged or assessed upon a consumer party to a nonconsumer party. (2) Prior to requesting or obtaining any fee, a private arbitration company shall provide written notice of the right to obtain a waiver of fees to a consumer or prospective consumer in a manner calculated to bring the matter to the attention of a reasonable consumer, including, but not limited to, prominently placing a notice in its first written communication to the consumer and in any invoice, bill, submission form, fee schedule, rules, or code of procedure. (3) Any consumer requesting a waiver of fees or costs may establish his or her eligibility by making a declaration under oath on a form provided to the consumer by the private arbitration company for signature stating his or her monthly income and the number of persons living in his or her household. No private arbitration company may require a consumer to provide any further statement or evidence of indigence. (4) Any information obtained by a private arbitration company about a consumer’s identity, financial condition, income, wealth, or fee waiver request shall be kept confidential and may not be disclosed to any adverse party or any nonparty to the arbitration, except a private arbitration company may not keep confidential the number of waiver requests received or granted, or the total amount of fees waived. (c) This section applies to all consumer arbitration agreements subject to this article, and to all consumer arbitration proceedings conducted in California. (Added by Stats. 2002, Ch. 1101, Sec. 1. Effective January 1, 2003.) - 1285. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A party to an arbitration with an award may ask the court to confirm, correct, or vacate the award.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1285. Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award. (Repealed and added by Stats. 1961, Ch. 461.) - 1285.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A response to a petition may ask the court to dismiss the petition or to confirm, correct, or vacate the award.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1285.2. A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award. (Added by Stats. 1961, Ch. 461.) - 1285.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A petition under this chapter must include the arbitration agreement or explain that none exists, list the arbitrators, and include the award and any written opinion.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1285.4. A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. (b) Set forth names of the arbitrators. (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. (Added by Stats. 1961, Ch. 461.) - 1285.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A response to a petition in this arbitration chapter must include the arbitration agreement details, the arbitrators’ names, and a copy of the award and any written opinion, unless the petition already includes the agreement copy or the respondent denies the agreement exists.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1285.6. Unless a copy thereof is set forth in or attached to the petition, a response to a petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the respondent denies the existence of such an agreement. (b) Set forth the names of the arbitrators. (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. (Added by Stats. 1961, Ch. 461.) - 1285.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A petition to correct or vacate an award, or a response asking for that relief, must state the grounds for the request.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1285.8. A petition to correct or vacate an award, or a response requesting such relief, shall set forth the grounds on which the request for such relief is based. (Added by Stats. 1961, Ch. 461.) - 1286. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
If a petition or response is properly served and filed, the court must confirm the arbitration award unless it corrects, vacates, or dismisses the case.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1286. If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings. (Amended by Stats. 1978, Ch. 260.) - 1286.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
The court must vacate an arbitration award if any listed ground is proven, subject to Section 1286.4.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1286.2. (a) Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (1) The award was procured by corruption, fraud or other undue means. (2) There was corruption in any of the arbitrators. (3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator. (4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted. (5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the provisions of this title. (6) An arbitrator making the award either: (A) failed to disclose within the time required for disclosure a ground for disqualification of which the arbitrator was then aware; or (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision. However, this subdivision does not apply to arbitration proceedings conducted under a collective bargaining agreement between employers and employees or between their respective representatives. (b) Petitions to vacate an arbitration award pursuant to Section 1285 are subject to the provisions of Section 128.7. (Amended by Stats. 2001, Ch. 362, Sec. 7. Effective January 1, 2002.) - 1286.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A court may not vacate an arbitration award unless the required petition or response has been duly served and filed, and the listed notice/party-presence conditions are met.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1286.4. The court may not vacate an award unless: (a) A petition or response requesting that the award be vacated has been duly served and filed; or (b) A petition or response requesting that the award be corrected has been duly served and filed and; (1) All petitioners and respondents are before the court; or (2) All petitioners and respondents have been given reasonable notice that the court will be requested at the hearing to vacate the award or that the court on its own motion has determined to vacate the award and all petitioners and respondents have been given an opportunity to show why the award should not be vacated. (Added by Stats. 1961, Ch. 461.) - 1286.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
The court must correct and confirm an arbitration award as corrected if it finds certain listed errors, unless the award is vacated under another section.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1286.6. Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determines that: (a) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; (b) The arbitrators exceeded their powers but the award may be corrected without affecting the merits of the decision upon the controversy submitted; or (c) The award is imperfect in a matter of form, not affecting the merits of the controversy. (Added by Stats. 1961, Ch. 461.) - 1286.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
A court may not correct an arbitration award unless the required petition or response has been served and filed, and the additional notice/party-presence conditions are met.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1286.8. The court may not correct an award unless: (a) A petition or response requesting that the award be corrected has been duly served and filed; or (b) A petition or response requesting that the award be vacated has been duly served and filed and: (1) All petitioners and respondents are before the court; or (2) All petitioners and respondents have been given reasonable notice that the court will be requested at the hearing to correct the award or that the court on its own motion has determined to correct the award and all petitioners and respondents have been given an opportunity to show why the award should not be corrected. (Added by Stats. 1961, Ch. 461.) - 1287. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
If an arbitration award is vacated, the court may order a rehearing, usually before new arbitrators.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1287. If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in paragraph (4) or (5) of subdivision (a) of Section 1286.2, the court with the consent of the parties to the court proceeding may order a rehearing before the original arbitrators. If the arbitration agreement requires that the award be made within a specified period of time, the rehearing may nevertheless be held and the award made within an equal period of time beginning with the date of the order for rehearing but only if the court determines that the purpose of the time limit agreed upon by the parties to the arbitration agreement will not be frustrated by the application of this provision. (Amended by Stats. 2012, Ch. 162, Sec. 15. (SB 1171) Effective January 1, 2013.) - 1287.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
The court must dismiss the proceeding against a respondent if that person was not bound by the arbitration award and was not a party to the arbitration.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1287.2. The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such person was not bound by the arbitration award and was not a party to the arbitration. (Added by Stats. 1961, Ch. 461.) - 1287.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
If an award is confirmed, the court must enter judgment matching the award.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1287.4. If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same jurisdictional classification. (Amended by Stats. 1998, Ch. 931, Sec. 124. Effective September 28, 1998.) - 1287.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. )
An arbitration award that has not been confirmed or vacated has the same force and effect as a written contract between the arbitration parties.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Confirmation, Correction or Vacation of the Award [1285 - 1287.6] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1287.6. An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration. (Added by Stats. 1961, Ch. 461.) - 1288. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. )
Deadlines for award-related petitions: a petition to confirm an award must be served and filed within 4 years, and a petition to vacate or correct an award must be served and filed within 100 days, counted from service of a signed copy of the award on the petitioner.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1288. A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner. (Repealed and added by Stats. 1961, Ch. 461.) - 1288.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. )
A response asking to vacate or correct an award must be served and filed within 100 days after a signed copy of the award is served.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1288.2. A response requesting that an award be vacated or that an award be corrected shall be served and filed not later than 100 days after the date of service of a signed copy of the award upon: (a) The respondent if he was a party to the arbitration; or (b) The respondent’s representative if the respondent was not a party to the arbitration. (Added by Stats. 1961, Ch. 461.) - 1288.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. )
A petitioner may not serve and file a petition under this chapter until at least 10 days after being served with the signed copy of the award.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1288.4. No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner. (Added by Stats. 1961, Ch. 461.) - 1288.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. )
If a party asks the arbitrators to correct the award, a petition under this chapter cannot be served and filed until that correction request is decided.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1288.6. If an application is made to the arbitrators for correction of the award, a petition may not be served and filed under this chapter until the determination of that application. (Added by Stats. 1961, Ch. 461.) - 1288.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. )
If a party asks the arbitrators to correct an award, the award’s service date for this article is treated as the earlier of two specified dates.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 4. Enforcement of the Award [1285 - 1288.8] ( Chapter 4 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Limitations of Time [1288 - 1288.8] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1288.8. If an application is made to the arbitrators for correction of the award, the date of the service of the award for the purposes of this article shall be deemed to be whichever of the following dates is the earlier: (a) The date of service upon the petitioner of a signed copy of the correction of the award or of the denial of the application. (b) The date that such application is deemed to be denied under Section 1284. (Added by Stats. 1961, Ch. 461.) - 129. Verify source ↗
## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. )
Images or recordings of a deceased person’s body taken for the coroner generally may not be made or shared, except for listed criminal, civil, court-approved, identity-verification, and investigative uses.
## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. ) ## 129. (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows: (1) For use in a criminal action or proceeding in this state that relates to the death of that person. (2) As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made. (3) For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if either of the following applies: (A) The coroner receives written authorization from a legal heir, representative, or family member of that person. The written authorization may be provided before the action is filed or while the action is pending. To verify the identity of the legal heir, representative, or family member, all of the following shall be provided to the coroner: (i) A declaration under penalty of perjury that the individual is a legal heir, representative, or family member of the deceased person. (ii) A valid form of identification. (iii) A certified death certificate. (B) A subpoena is issued by a party who is a legal heir or representative of the deceased person in a pending civil action. (b) This section shall not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (c) This section shall apply to a copy, reproduction, or facsimile, and to a photograph, negative, or print, regardless of when it was made. (d) A coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with this section. (e) For the purposes of this section, “family member” means a parent, sibling, or child of the deceased. (Amended by Stats. 2024, Ch. 654, Sec. 2. (SB 989) Effective January 1, 2025.) - 1290. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
A court proceeding under this title starts when a petition is filed, and a named respondent may file a response.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1290. A proceeding under this title in the courts of this State is commenced by filing a petition. Any person named as a respondent in a petition may file a response thereto. The allegations of a petition are deemed to be admitted by a respondent duly served therewith unless a response is duly served and filed. The allegations of a response are deemed controverted or avoided. (Repealed and added by Stats. 1961, Ch. 461.) - 1290.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
Petitions under this title must be heard summarily, and at least 10 days’ notice of the hearing date must be given.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1290.2. A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days’ notice of the date set for the hearing on the petition shall be given. (Added by Stats. 1961, Ch. 461.) - 1290.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
This section sets how a petition and related papers must be served in arbitration-related proceedings, and it requires at least 30 days before the petition may be heard when service is made by mail outside the state.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1290.4. (a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice. (b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: (1) Service within this State shall be made in the manner provided by law for the service of summons in an action. (2) Service outside this State shall be made by mailing the copy of the petition and notice and other papers by registered or certified mail. Personal service is the equivalent of such service by mail. Proof of service by mail shall be made by affidavit showing such mailing together with the return receipt of the United States Post Office bearing the signature of the person on whom service was made. Notwithstanding any other provision of this title, if service is made in the manner provided in this paragraph, the petition may not be heard until at least 30 days after the date of such service. (c) If the arbitration agreement does not provide the manner in which such service shall be made and the person on whom service is to be made has previously appeared in the proceeding or has previously been served in accordance with subdivision (b) of this section, service shall be made in the manner provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code. (Added by Stats. 1961, Ch. 461.) - 1290.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
A response must be served and filed within 10 days after the petition is served, or within 30 days if the petition was served in a specified manner under Section 1290.4.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1290.6. A response shall be served and filed within 10 days after service of the petition except that if the petition is served in the manner provided in paragraph (2) of subdivision (b) of Section 1290.4, the response shall be served and filed within 30 days after service of the petition. The time provided in this section for serving and filing a response may be extended by an agreement in writing between the parties to the court proceeding or, for good cause, by order of the court. (Added by Stats. 1961, Ch. 461.) - 1290.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
A response must be served according to Chapter 5 (starting with Section 1010) of Title 14, Part 2 of this code.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1290.8. A response shall be served as provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code. (Added by Stats. 1961, Ch. 461.) - 1291. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
If requested under Section 632, the court must make a statement of decision when it enters an appealable order or judgment, except a special order after final judgment.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1291. A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title. (Amended by Stats. 1983, Ch. 302, Sec. 2.) - 1291.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. )
Courts must give proceedings under this title priority over other civil actions or proceedings when setting and hearing them, except for older matters of the same kind or matters given special precedence by law.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 1. Petitions and Responses [1290 - 1291.2] ( Article 1 added by Stats. 1961, Ch. 461. ) ## 1291.2. In all proceedings brought under the provisions of this title, all courts wherein such proceedings are pending shall give such proceedings preference over all other civil actions or proceedings, except older matters of the same character and matters to which special precedence may be given by law, in the matter of setting the same for hearing and in hearing the same to the end that all such proceedings shall be quickly heard and determined. (Added by Stats. 1961, Ch. 461.) - 1292. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
A petition filed before arbitration starts must be filed in a court with jurisdiction, subject to the article’s exceptions.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1292. Except as otherwise provided in this article, any petition made prior to the commencement of arbitration shall be filed in a court having jurisdiction in: (a) The county where the agreement is to be performed or was made. (b) If the agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in this state, the county where any party to the court proceeding resides or has a place of business. (c) In any case not covered by subdivision (a) or (b) of this section, in any county in this state. (Amended by Stats. 1993, Ch. 1261, Sec. 2. Effective January 1, 1994.) - 1292.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
After arbitration starts or ends, a related petition must be filed in the proper court for the county where the arbitration is being or was held, unless this article provides otherwise.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1292.2. Except as otherwise provided in this article, any petition made after the commencement or completion of arbitration shall be filed in a court having jurisdiction in the county where the arbitration is being or has been held, or, if not held exclusively in any one county of this state, or if held outside of this state, then the petition shall be filed as provided in Section 1292. (Amended by Stats. 1993, Ch. 1261, Sec. 3. Effective January 1, 1994.) - 1292.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
If a dispute that can be arbitrated is part of a case already pending in superior court, a petition for an order to arbitrate must be filed in that case.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1292.4. If a controversy referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a superior court, a petition for an order to arbitrate shall be filed in such action or proceeding. (Added by Stats. 1961, Ch. 461.) - 1292.6. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
After a petition is filed under this title, the same court keeps jurisdiction over later petitions about the same arbitration agreement and controversy, and those later petitions must be filed in the same proceeding.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1292.6. After a petition has been filed under this title, the court in which such petition was filed retains jurisdiction to determine any subsequent petition involving the same agreement to arbitrate and the same controversy, and any such subsequent petition shall be filed in the same proceeding. (Added by Stats. 1961, Ch. 461.) - 1292.8. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
A motion to stay an action because an issue is subject to arbitration must be made in the court where the action is pending.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1292.8. A motion for a stay of an action on the ground that an issue therein is subject to arbitration shall be made in the court where the action is pending. (Added by Stats. 1961, Ch. 461.) - 1293. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
If an agreement made in this state requires arbitration in this state, the parties are treated as consenting to California court jurisdiction to enforce it and to enter judgment on an award.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1293. The making of an agreement in this State providing for arbitration to be had within this State shall be deemed a consent of the parties thereto to the jurisdiction of the courts of this State to enforce such agreement by the making of any orders provided for in this title and by entering of judgment on an award under the agreement. (Repealed and added by Stats. 1961, Ch. 461.) - 1293.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. )
The court must award costs for judicial proceedings under this title, following Chapter 6 starting with Section 1021 of Title 14, Part 2.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 2. Venue, Jurisdiction and Costs [1292 - 1293.2] ( Article 2 added by Stats. 1961, Ch. 461. ) ## 1293.2. The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code. (Added by Stats. 1961, Ch. 461.) - 1294. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 3. Appeals [1294 - 1294.4] ( Article 3 added by Stats. 1961, Ch. 461. )
An aggrieved party may appeal certain arbitration-related orders and judgments.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 3. Appeals [1294 - 1294.4] ( Article 3 added by Stats. 1961, Ch. 461. ) ## 1294. An aggrieved party may appeal from: (a) An order dismissing or denying a petition to compel arbitration. Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal. (b) An order dismissing a petition to confirm, correct or vacate an award. (c) An order vacating an award unless a rehearing in arbitration is ordered. (d) A judgment entered pursuant to this title. (e) A special order after final judgment. (Amended by Stats. 2023, Ch. 710, Sec. 1. (SB 365) Effective January 1, 2024.) - 1294.2. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 3. Appeals [1294 - 1294.4] ( Article 3 added by Stats. 1961, Ch. 461. )
An appeal must be taken the same way as an appeal from a civil action order or judgment, and the court may review related rulings and orders on appeal.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 3. Appeals [1294 - 1294.4] ( Article 3 added by Stats. 1961, Ch. 461. ) ## 1294.2. The appeal shall be taken in the same manner as an appeal from an order or judgment in a civil action. Upon an appeal from any order or judgment under this title, the court may review the decision and any intermediate ruling, proceeding, order or decision which involves the merits or necessarily affects the order or judgment appealed from, or which substantially affects the rights of a party. The court may also on such appeal review any order on motion for a new trial. The respondent on the appeal, or party in whose favor the judgment or order was given may, without appealing from such judgment, request the court to and it may review any of the foregoing matters for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment or order from which the appeal is taken. The provisions of this section do not authorize the court to review any decision or order from which an appeal might have been taken. (Added by Stats. 1961, Ch. 461.) - 1294.4. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 3. Appeals [1294 - 1294.4] ( Article 3 added by Stats. 1961, Ch. 461. )
In certain preferred appeals, the court of appeal must decide the case within 100 days after the notice of appeal is filed, unless it grants a qualified extension. The Judicial Council must also adopt rules by July 1, 2017 to implement these timing rules and set a shorter notice-of-appeal period for these cases.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 5. General Provisions Relating toJudicial Proceedings [1290 - 1294.4] ( Chapter 5 added by Stats. 1961, Ch. 461. ) ## ARTICLE 3. Appeals [1294 - 1294.4] ( Article 3 added by Stats. 1961, Ch. 461. ) ## 1294.4. (a) Except as provided in subdivision (b), in an appeal filed pursuant to subdivision (a) of Section 1294 involving a claim under the Elder and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code) in which a party has been granted a preference pursuant to Section 36 of this code, the court of appeal shall issue its decision no later than 100 days after the notice of appeal is filed. (b) The court of appeal may grant an extension of time in the appeal only if good cause is shown and the extension will promote the interests of justice. (c) The Judicial Council shall, on or before July 1, 2017, adopt rules of court to do both of the following: (1) Implement subdivisions (a) and (b). (2) Establish a shortened notice of appeal period for the cases described in subdivision (a). (Added by Stats. 2016, Ch. 628, Sec. 2. (SB 1065) Effective January 1, 2017.) - 1295. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.1. ARBITRATION OF MEDICAL MALPRACTICE [1295- 1295.] ( Title 9.1 added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )
Medical services contracts with arbitration clauses must put the arbitration provision first and include a specified bold red notice before the signature line.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.1. ARBITRATION OF MEDICAL MALPRACTICE [1295- 1295.] ( Title 9.1 added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 1295. (a) Any contract for medical services which contains a provision for arbitration of any dispute as to professional negligence of a health care provider shall have such provision as the first article of the contract and shall be expressed in the following language: “It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.” (b) Immediately before the signature line provided for the individual contracting for the medical services must appear the following in at least 10-point bold red type: “NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF THIS CONTRACT.” (c) Once signed, such a contract governs all subsequent open-book account transactions for medical services for which the contract was signed until or unless rescinded by written notice within 30 days of signature. Written notice of such rescission may be given by a guardian or conservator of the patient if the patient is incapacitated or a minor. (d) Where the contract is one for medical services to a minor, it shall not be subject to disaffirmance if signed by the minor’s parent or legal guardian. (e) Such a contract is not a contract of adhesion, nor unconscionable nor otherwise improper, where it complies with subdivisions (a), (b), and (c) of this section. (f) Subdivisions (a), (b), and (c) shall not apply to any health care service plan contract offered by an organization registered pursuant to Article 2.5 (commencing with Section 12530) of Division 3 of Title 2 of the Government Code, or licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, which contains an arbitration agreement if the plan complies with paragraph (10) of subdivision (b) of Section 1363 of the Health and Safety Code, or otherwise has a procedure for notifying prospective subscribers of the fact that the plan has an arbitration provision, and the plan contracts conform to subdivision (h) of Section 1373 of the Health and Safety Code. (g) For the purposes of this section: (1) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider; (2) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. (Amended by Stats. 2023, Ch. 42, Sec. 1. (AB 118) Effective July 10, 2023.) - 1296. Verify source ↗
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.2. PUBLIC CONSTRUCTION CONTRACT ARBITRATION [1296- 1296.] ( Title 9.2 added by Stats. 1979, Ch. 46. )
Parties to a construction contract with a public agency may agree in writing that an arbitration award must be supported by law and substantial evidence. If they do, a court must vacate the award, subject to Section 1286.4, when review shows the award lacks substantial evidence or rests on an error of law.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.2. PUBLIC CONSTRUCTION CONTRACT ARBITRATION [1296- 1296.] ( Title 9.2 added by Stats. 1979, Ch. 46. ) ## 1296. The parties to a construction contract with a public agency may expressly agree in writing that in any arbitration to resolve a dispute relating to the contract, the arbitrator’s award shall be supported by law and substantial evidence. If the agreement so provides, a court shall, subject to Section 1286.4, vacate the award if after review of the award it determines either that the award is not supported by substantial evidence or that it is based on an error of law. (Added by Stats. 1979, Ch. 46.) - 1297.101. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Number of Arbitrators [1297.101- 1297.101.] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties may choose the number of arbitrators. If they do not agree, there is one arbitrator.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Number of Arbitrators [1297.101- 1297.101.] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.101. The parties may agree on the number of arbitrators. Otherwise, there shall be one arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.11. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
This title applies to international commercial arbitration and conciliation, unless an in-force agreement between the United States and another state or states controls.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.11. This title applies to international commercial arbitration and conciliation, subject to any agreement which is in force between the United States and any other state or states. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.111. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A person of any nationality may serve as an arbitrator.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.111. A person of any nationality may be an arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.112. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties may agree on how to appoint the arbitral tribunal, but only subject to Sections 1297.115 and 1297.116.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.112. Subject to Sections 1297.115 and 1297.116, the parties may agree on a procedure for appointing the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.113. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties have not reached the agreement mentioned in Section 1297.112, then in a three-arbitrator, two-party arbitration, each party must appoint one arbitrator and those two arbitrators must appoint the third.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.113. Failing such agreement referred to in Section 1297.112, in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.114. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If the appointment process applies and a party misses the 30-day deadline, or the two appointed arbitrators cannot agree on the third arbitrator within 30 days, the superior court must make the appointment when a party asks.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.114. If the appointment procedure in Section 1297.113 applies and either a party fails to appoint an arbitrator within 30 days after receipt of a request to do so from the other party, or the two appointed arbitrators fail to agree on the third arbitrator within 30 days after their appointment, the appointment shall be made, upon request of a party, by the superior court. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.115. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties in a sole-arbitrator arbitration cannot agree on the arbitrator, the superior court must appoint one when a party asks.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.115. Failing any agreement referred to in Section 1297.112, in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, the appointment shall be made, upon request of a party, by the superior court. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.116. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
On a party’s request, the superior court may take necessary measures to secure an arbitrator appointment, unless the parties’ appointment agreement provides another way to do so.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.116. The superior court, upon the request of a party, may take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment, where, under an appointment procedure agreed upon by the parties, any of the following occurs: (a) A party fails to act as required under that procedure. (b) The parties, or two appointed arbitrators, fail to reach an agreement expected of them under that procedure. (c) A third party, including an institution, fails to perform any function entrusted to it under that procedure. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.117. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A decision on a matter entrusted to the superior court under the cited sections is final and cannot be appealed.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.117. A decision on a matter entrusted to the superior court pursuant to Sections 1297.114, 127.115, and 1297.116 is final and is not subject to appeal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.118. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
When appointing an arbitrator, the superior court must consider the parties’ agreed qualifications, independence and impartiality, and sometimes nationality.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.118. The superior court, in appointing an arbitrator, shall have due regard to all of the following: (a) Any qualifications required of the arbitrator by the agreement of the parties. (b) Other considerations as are likely to secure the appointment of an independent and impartial arbitrator. (c) In the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than those of the parties. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.119. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitrator has judicial-officer-style immunity from civil liability when acting as an arbitrator under a statute or contract.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Appointment of Arbitrators [1297.111 - 1297.119] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.119. An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract. The immunity afforded by this section shall supplement, and not supplant, any otherwise applicable common law or statutory immunity. (Added by Stats. 1994, Ch. 228, Sec. 1. Effective January 1, 1995.) - 1297.12. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
This section applies the title only when the place of arbitration or conciliation is in California, with two specified chapter articles excluded from that limitation.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.12. This title, except Article 2 (commencing with Section 1297.81) of Chapter 2 and Article 3 (commencing with Section 1297.90) of Chapter 2, applies only if the place of arbitration or conciliation is in the State of California. (Amended by Stats. 2024, Ch. 90, Sec. 1. (AB 1903) Effective January 1, 2025.) - 1297.121. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
People named for, appointed to, or designated as arbitrators or conciliators must disclose information that could raise questions about their impartiality to the parties within 15 days, unless another rule in this title says otherwise.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.121. Except as otherwise provided in this title, all persons whose names have been submitted for consideration for appointment or designation as arbitrators or conciliators, or who have been appointed or designated as such, shall, within 15 days, make a disclosure to the parties of any information which might cause their impartiality to be questioned including, but not limited to, any of the following instances: (a) The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding. (b) The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or he or she has been a material witness concerning it. (c) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceeding. (d) The person, individually or a fiduciary, or such person’s spouse or minor child residing in such person’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding. (e) The person, his or her spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person meets any of the following conditions: (i) The person is or has been a party to the proceeding, or an officer, director, or trustee of a party. (ii) The person is acting or has acted as a lawyer in the proceeding. (iii) The person is known to have an interest that could be substantially affected by the outcome of the proceeding. (iv) The person is likely to be a material witness in the proceeding. (f) The person has a close personal or professional relationship with a person who meets any of the following conditions: (i) The person is or has been a party to the proceeding, or an officer, director, or trustee of a party. (ii) The person is acting or has acted as a lawyer or representative in the proceeding. (iii) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings. (iv) The person is known to have an interest that could be substantially affected by the outcome of the proceeding. (v) The person is likely to be a material witness in the proceeding. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.122. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
The disclosure duty in Section 1297.121 is mandatory and generally cannot be waived for certain arbitrators or conciliators, though the parties may otherwise agree to waive it.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.122. The obligation to disclose information set forth in Section 1297.121 is mandatory and cannot be waived as to the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as the chief or prevailing arbitrator or conciliator. The parties may otherwise agree to waive such disclosure. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.123. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitrator must promptly disclose to the parties any previously undisclosed circumstances covered by Section 1297.121.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.123. From the time of appointment and throughout the arbitral proceedings, an arbitrator, shall, without delay, disclose to the parties any circumstances referred to in Section 1297.121 which were not previously disclosed. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.124. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitrator may be challenged only in limited cases involving doubts about independence, impartiality, or agreed qualifications.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.124. Unless otherwise agreed by the parties or the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her independence or impartiality, or as to his or her possession of the qualifications upon which the parties have agreed. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.125. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
A party may challenge an arbitrator it appointed or helped appoint only for reasons it learns after the appointment.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Grounds for Challenge [1297.121 - 1297.125] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.125. A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.13. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitration or conciliation agreement counts as international if any listed cross-border condition is met.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.13. An arbitration or conciliation agreement is international if any of the following applies: (a) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different states. (b) One of the following places is situated outside the state in which the parties have their places of business: (i) The place of arbitration or conciliation if determined in, or pursuant to, the arbitration or conciliation agreement. (ii) Any place where a substantial part of the obligations of the commercial relationship is to be performed. (iii) The place with which the subject matter of the dispute is most closely connected. (c) The parties have expressly agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one state. (d) The subject matter of the arbitration or conciliation agreement is otherwise related to commercial interests in more than one state. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.131. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties may agree on how to challenge an arbitrator, and the resulting decision is final.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.131. The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.132. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
A party that wants to challenge an arbitrator must send the reasons in writing to the arbitral tribunal within 15 days of the relevant awareness date.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.132. Failing any agreement referred to in Section 1297.131, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in Sections 1297.124 and 1297.125, whichever shall be later, send a written statement of the reasons for the challenge to the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.133. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
If the challenged arbitrator does not withdraw and the other party does not agree, the arbitral tribunal must decide the challenge.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.133. Unless the arbitrator challenged under Section 1297.132 withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.134. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
After an unsuccessful challenge, the challenging party may ask the superior court to decide the challenge within 30 days after notice of the rejection.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.134. If a challenge following the procedure under Section 1297.133 is not successful, the challenging party may request the superior court, within 30 days after having received notice of the decision rejecting the challenge, to decide on the challenge. If a challenge is based upon the grounds set forth in Section 1297.121, and the superior court determines that the facts support a finding that such ground or grounds fairly exist, then the challenge should be sustained. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.135. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
The superior court’s decision under Section 1297.134 is final and cannot be appealed.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.135. The decision of the superior court under Section 1297.134 is final and is not subject to appeal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.136. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitration and make an award.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Challenge Procedure [1297.131 - 1297.136] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.136. While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.14. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
If a party has multiple places of business, use the one most closely connected to the arbitration agreement; if the party has none, use habitual residence.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.14. For the purposes of Section 1297.13, if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement, and if a party does not have a place of business, reference is to be made to his habitual residence. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.141. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitrator’s mandate ends if the arbitrator cannot perform the functions, does not act without undue delay, withdraws from office, or the parties agree to end the mandate.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.141. The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, and he withdraws from his or her office or the parties agree to the termination of his or her mandate. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.142. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
If a dispute remains about the grounds in Section 1297.141, a party may ask the superior court to decide whether the mandate ends.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.142. If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the termination of the mandate. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.143. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
A superior court decision under Section 1297.142 cannot be appealed.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.143. A decision of the superior court under Section 1297.142 is not subject to appeal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.144. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
If an arbitrator withdraws or a party agrees to end the arbitrator’s mandate, that does not mean any ground in Section 1297.132 is accepted as valid.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Failure or Impossibility to Act [1297.141 - 1297.144] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.144. If, under this section or Section 1297.132, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in Section 1297.132. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.15. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
For Section 1297.13, the states of the United States, including the District of Columbia, are treated as one state.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.15. For the purposes of Section 1297.13, the states of the United States, including the District of Columbia, shall be considered one state. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.151. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitrator’s mandate ends if the arbitrator withdraws from office or if the parties agree to end it.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.151. In addition to the circumstances referred to under Article 4 (commencing with Section 1297.131) and Article 5 (commencing with Section 1297.141) of this chapter, the mandate of an arbitrator terminates upon his or her withdrawal from office for any reason, or by or pursuant to agreement of the parties. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.152. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
If an arbitrator’s mandate ends, a substitute arbitrator must be appointed under the same rules used to appoint the arbitrator being replaced.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.152. Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.153. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
Unless the parties agree otherwise, hearings already held may be repeated when an arbitrator is replaced.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.153. Unless otherwise agreed by the parties: (a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated. (b) Where an arbitrator other than the sole or presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.154. Verify source ↗
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral tribunal’s order or ruling made before an arbitrator is replaced stays valid unless the parties agree otherwise.
## 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 3. Composition of Arbitral Tribunals [1297.101 - 1297.154] ( Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Termination of Mandate and Substitution of Arbitrators [1297.151 - 1297.154] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.154. Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.16. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitration or conciliation agreement counts as commercial if it arises from a commercial relationship.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.16. An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature including, but not limited to, any of the following: (a) A transaction for the supply or exchange of goods or services. (b) A distribution agreement. (c) A commercial representation or agency. (d) An exploitation agreement or concession. (e) A joint venture or other, related form of industrial or business cooperation. (f) The carriage of goods or passengers by air, sea, rail, or road. (g) Construction. (h) Insurance. (i) Licensing. (j) Factoring. (k) Leasing. (l) Consulting. (m) Engineering. (n) Financing. (o) Banking. (p) The transfer of data or technology. (q) Intellectual or industrial property, including trademarks, patents, copyrights and software programs. (r) Professional services. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.161. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may decide its own jurisdiction, including objections about whether the arbitration agreement exists or is valid.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.161. The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract, and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.162. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
A party must raise a jurisdictional plea by the time it submits the statement of defense.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.162. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a party is not precluded from raising such a plea by the fact that he or she has appointed, or participated in the appointment of, an arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.163. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
A plea that the arbitral tribunal is exceeding its authority must be raised as soon as that issue is raised during the arbitration.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.163. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.164. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral tribunal may allow a later plea if the delay is justified.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.164. The arbitral tribunal may, in either of the cases referred to in Sections 1297.162 and 1297.163, admit a later plea if it considers the delay justified. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.165. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may decide a plea under Sections 1297.162 and 1297.163 either first or in the final merits award.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.165. The arbitral tribunal may rule on a plea referred to in Sections 1297.162 and 1297.163 either as a preliminary question or in an award on the merits. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.166. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
If an arbitral tribunal preliminarily rules that it has jurisdiction, any party must ask the superior court to decide the issue within 30 days after notice, or the party is deemed to have waived objection.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.166. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having received notice of that ruling, to decide the matter or shall be deemed to have waived objection to such finding. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.167. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
While a request under Section 1297.166 is pending, the arbitral tribunal may keep the arbitration going and may issue an arbitral award.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction [1297.161 - 1297.167] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.167. While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.17. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
This section says Title 9.3 does not override other California laws that keep certain disputes out of arbitration or require arbitration under different rules, but it does supersede Sections 1280 to 1284.2 for international commercial arbitration and conciliation.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Scope of Application [1297.11 - 1297.17] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.17. This title shall not affect any other law in force in California by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only in accordance with provisions other than those of this title. Notwithstanding the foregoing, this title supersedes Sections 1280 to 1284.2, inclusive, with respect to international commercial arbitration and conciliation. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.171. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral tribunal may grant interim measures of protection at a party’s request unless the parties agreed otherwise.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.171. (a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures of protection. (b) An interim measure of protection, or interim measure, is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to do any of the following: (1) Maintain or restore the status quo pending determination of the dispute. (2) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself. (3) Provide a means of preserving assets out of which a subsequent award may be satisfied. (4) Preserve evidence that may be relevant and material to the resolution of the dispute. (Amended by Stats. 2024, Ch. 90, Sec. 9. (AB 1903) Effective January 1, 2025.) - 1297.172. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A party asking for certain interim measures must convince the arbitral tribunal that specified harm and merits conditions are met.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.172. (a) The party requesting an interim measure under paragraph (1), (2), or (3) of subdivision (b) of Section 1297.171 shall satisfy the arbitral tribunal that both of the following conditions are met: (1) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted. (2) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination. (b) With regard to a request for an interim measure under paragraph (4) of subdivision (b) of Section 1297.171, the requirements in paragraphs (1) and (2) of subdivision (a) shall apply only to the extent the arbitral tribunal considers appropriate. (Amended by Stats. 2024, Ch. 90, Sec. 10. (AB 1903) Effective January 1, 2025.) - 1297.173. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A party may request an interim measure and a preliminary order without notice, unless the parties agree otherwise. The arbitral tribunal may issue a preliminary order if disclosing the request first would risk defeating the measure.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.173. (a) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested. (b) The arbitral tribunal may grant a preliminary order provided that it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure. (c) The conditions defined under Section 1297.172 apply to any preliminary order, provided that the harm to be assessed under paragraph (1) of subdivision (a) of Section 1297.172 is the harm likely to result from the order being granted or not. (Added by Stats. 2024, Ch. 90, Sec. 11. (AB 1903) Effective January 1, 2025.) - 1297.174. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal must notify all parties, let the affected party present its case, and decide objections promptly. A preliminary order expires after 20 days unless the tribunal issues an interim measure adopting or modifying it.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.174. (a) Immediately after the arbitral tribunal has made a determination with respect to an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including the content of any oral communication, between any party and the arbitral tribunal in relation thereto. (b) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time. (c) The arbitral tribunal shall decide promptly on any objection to the preliminary order. (d) A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case. (e) A preliminary order shall be binding on the parties, but shall not be subject to enforcement by a court. Such a preliminary order does not constitute an award. (Added by Stats. 2024, Ch. 90, Sec. 12. (AB 1903) Effective January 1, 2025.) - 1297.175. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may modify, suspend, or end an interim measure or preliminary order it has already granted.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.175. The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party, or in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative. (Added by Stats. 2024, Ch. 90, Sec. 13. (AB 1903) Effective January 1, 2025.) - 1297.176. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral tribunal may require security from a party seeking an interim measure, and must require security from a party seeking a preliminary order unless that would be inappropriate or unnecessary.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.176. (a) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (b) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so. (Added by Stats. 2024, Ch. 90, Sec. 14. (AB 1903) Effective January 1, 2025.) - 1297.177. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
In arbitral proceedings, the tribunal may require a party to promptly disclose material changes in the circumstances for an interim measure, and the party seeking a preliminary order must disclose relevant circumstances while the request is pending.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.177. (a) The arbitral tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the measure was requested or granted. (b) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal’s determination whether to grant or maintain the order, and such obligation shall continue until the party against whom the order has been requested has had an opportunity to present its case. Thereafter, subdivision (a) shall apply. (Added by Stats. 2024, Ch. 90, Sec. 15. (AB 1903) Effective January 1, 2025.) - 1297.178. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A party asking for an interim measure or preliminary order can be liable for costs and damages if the arbitral tribunal later decides the measure or order should not have been granted.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.178. The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or order should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings. (Added by Stats. 2024, Ch. 90, Sec. 16. (AB 1903) Effective January 1, 2025.) - 1297.179. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A party seeking or obtaining recognition or enforcement of an interim measure must promptly tell the court about any termination, suspension, or modification, and the superior court may order security in some cases.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.179. (a) An interim measure issued by an arbitral tribunal shall be recognized as final and binding, and, unless otherwise provided by the arbitral tribunal, may be enforced upon application to the superior court subject to the provisions of Section 1297.180. Nothing herein is intended to preclude enforcement of the interim measure in any other competent court. (b) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension, or modification of that interim measure. (c) The superior court where recognition or enforcement is sought may, if the court considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties. (Added by Stats. 2024, Ch. 90, Sec. 17. (AB 1903) Effective January 1, 2025.) - 1297.180. Verify source ↗
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
A court may refuse to recognize or enforce an interim arbitral measure only on the listed grounds, and it may not review the measure’s substance.
## 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 4. Jurisdiction of Arbitral Tribunals [1297.161 - 1297.180] ( Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals [1297.171 - 1297.180] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.180. (a) Recognition or enforcement of an interim measure may be refused only: (1) At the request of the party against whom it is invoked if the court is satisfied that any of the following conditions are met: (A) A party to the arbitration agreement was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, under the law of the jurisdiction where the interim measure was made. (B) The party against whom the interim measure is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present its case. (C) The interim measure deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the interim measure which contains decisions on matters submitted to arbitration may be recognized and enforced. (D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the jurisdiction where the arbitration took place. (E) The arbitral tribunal’s decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with. (F) The court otherwise determines that the arbitral tribunal did not have jurisdiction pursuant to Section 1297.95. (G) The interim measure has been terminated or suspended by the arbitral tribunal, or, where so empowered, by the court of the jurisdiction in which the arbitration took place or under the law of which that interim measure was granted. (2) If the court finds that any of the following conditions are met: (A) The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt the interim measure to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance. (B) The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States. (C) The recognition or enforcement of the interim measure would be contrary to the public policy of the United States. (b) Any determination made by the court on any ground in subdivision (a) shall be effective only for the purposes of the application to recognize and enforce the interim measure. The court in which recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure. (Added by Stats. 2024, Ch. 90, Sec. 18. (AB 1903) Effective January 1, 2025.) - 1297.181. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Equal Treatment of Parties [1297.181- 1297.181.] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
Parties in the arbitration must be treated equally and each party must get a full chance to present its case.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Equal Treatment of Parties [1297.181- 1297.181.] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.181. The parties shall be treated with equality and each party shall be given a full opportunity to present his or her case. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.185. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. )
This section defines who counts as a “qualified attorney” for this article.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. ) ## 1297.185. For purposes of this article, a “qualified attorney” means an individual who is not admitted to practice law in this state but is all of the following: (a) Admitted to practice law in a state or territory of the United States or the District of Columbia or a member of a recognized legal profession in a foreign jurisdiction, the members of which are admitted or otherwise authorized to practice as attorneys or counselors at law or the equivalent. (b) Subject to effective regulation and discipline by a duly constituted professional body or public authority of that jurisdiction. (c) In good standing in every jurisdiction in which he or she is admitted or otherwise authorized to practice. (Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.) - 1297.186. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. )
A qualified attorney may provide legal services in certain international commercial arbitration, conciliation, mediation, or other dispute-resolution proceedings, if one of the listed conditions is met.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. ) ## 1297.186. (a) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, a qualified attorney may provide legal services in an international commercial arbitration or related conciliation, mediation, or alternative dispute resolution proceeding, if any of the following conditions is satisfied: (1) The services are undertaken in association with an attorney who is admitted to practice in this state and who actively participates in the matter. (2) The services arise out of or are reasonably related to the attorney’s practice in a jurisdiction in which the attorney is admitted to practice. (3) The services are performed for a client who resides in or has an office in the jurisdiction in which the attorney is admitted or otherwise authorized to practice. (4) The services arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the attorney is admitted or otherwise authorized to practice. (5) The services arise out of a dispute governed primarily by international law or the law of a foreign or out-of-state jurisdiction. (b) This section does not apply to a dispute or controversy concerning any of the following: (1) An individual’s acquisition or lease of goods or services primarily for personal, family, or household use. (2) An individual’s coverage under a health insurance plan or an interaction between an individual and a healthcare provider. (3) An application for employment in California. (4) The terms and conditions of, or right to, employment in California, unless the dispute or controversy primarily concerns intellectual property rights, including those involving trademarks, patents, copyright, and software programs. (c) This section does not affect the right of an attorney admitted to practice law in this state to provide legal services in an international commercial arbitration or related conciliation, mediation, or alternative dispute resolution proceeding, or the right of representation established in Section 1297.351. (Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.) - 1297.187. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. )
A qualified attorney covered by this article may not appear in a California court unless the attorney has applied for and received pro hac vice permission under the California Rules of Court.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. ) ## 1297.187. A qualified attorney rendering legal services pursuant to this article shall not appear in a court of this state unless he or she has applied for and received permission to appear as counsel pro hac vice pursuant to the California Rules of Court, as applicable. (Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.) - 1297.188. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. )
The State Bar of California must file an annual report with the Supreme Court by May 1 about complaints received in the prior year and its responses. It may also report disciplinary complaints and evidence to other appropriate disciplinary authorities.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. ) ## 1297.188. (a) A qualified attorney rendering legal services pursuant to this article is subject to the jurisdiction of the courts and disciplinary authority of this state with respect to the California Rules of Professional Conduct and the laws governing the conduct of attorneys to the same extent as a member of the State Bar of California. (b) The State Bar of California may report complaints and evidence of disciplinary violations against an attorney practicing pursuant to this article to the appropriate disciplinary authority of any jurisdiction in which the attorney is admitted or otherwise authorized to practice law. This section does not limit or affect the authority of the State Bar to report information about an attorney to authorities in any jurisdiction in which the attorney is admitted or otherwise authorized to practice law. (c) On or before May 1 of each year, the State Bar shall submit a report to the Supreme Court that specifies the number and nature of any complaints that it has received during the prior calendar year against attorneys who provide legal services pursuant to this article and any actions it has taken in response to those complaints. (Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.) - 1297.189. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. )
The Supreme Court may issue rules to implement this article.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys [1297.185 - 1297.189] ( Article 1.5 added by Stats. 2018, Ch. 134, Sec. 1. ) ## 1297.189. The Supreme Court may issue rules implementing this article. (Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.) - 1297.191. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Determination of Rules of Procedure [1297.191 - 1297.193] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties may agree on the procedure the arbitral tribunal will follow in the arbitration.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Determination of Rules of Procedure [1297.191 - 1297.193] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.191. Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.192. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Determination of Rules of Procedure [1297.191 - 1297.193] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If there is no agreement under Section 1297.191, the arbitral tribunal may conduct the arbitration in any manner it considers appropriate, subject to the title.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Determination of Rules of Procedure [1297.191 - 1297.193] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.192. Failing any agreement referred to in Section 1297.191, the arbitral tribunal may, subject to this title, conduct the arbitration in the manner it considers appropriate. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.193. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Determination of Rules of Procedure [1297.191 - 1297.193] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may decide whether evidence is admissible, relevant, material, or how much weight it should get.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Determination of Rules of Procedure [1297.191 - 1297.193] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.193. The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.20. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
This section says the title should be interpreted with regard to its international origin and in a way that promotes uniformity and good faith.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.20. (a) In the application of this title, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith. (b) Questions concerning matters governed by this title that are not expressly settled in it are to be settled in conformity with the general principles embodied in this title. (Added by Stats. 2024, Ch. 90, Sec. 2. (AB 1903) Effective January 1, 2025.) - 1297.201. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Place of Arbitration [1297.201 - 1297.203] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties may agree on the place of arbitration.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Place of Arbitration [1297.201 - 1297.203] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.201. The parties may agree on the place of arbitration. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.202. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Place of Arbitration [1297.201 - 1297.203] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties have not agreed under Section 1297.201, the arbitral tribunal must तयermine the place of arbitration.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Place of Arbitration [1297.201 - 1297.203] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.202. Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.203. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Place of Arbitration [1297.201 - 1297.203] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may meet at any place it considers appropriate, unless the parties agree otherwise.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Place of Arbitration [1297.201 - 1297.203] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.203. Notwithstanding Section 1297.201, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of documents, goods, or other property. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.21. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
This section defines key terms used in this title on international commercial arbitration and conciliation.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.21. For the purposes of this title: (a) “Arbitral award” means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes an interim, interlocutory, or partial arbitral award. (b) “Arbitral tribunal” means a sole arbitrator or a panel of arbitrators. (c) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution. (d) “Conciliation” means any conciliation whether or not administered by a permanent conciliation institution. (e) “Chief Justice” means the Chief Justice of California or his or her designee. (f) “Court” means a body or an organ of the judicial system of a state. (g) “Party” means a party to an arbitration or conciliation agreement. (h) “Superior court” means the superior court in the county in this state selected pursuant to Section 1297.61. (i) “Supreme Court” means the Supreme Court of California. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.211. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Commencement of Arbitral Proceedings [1297.211- 1297.211.] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
Arbitral proceedings start when the respondent receives a request to refer the dispute to arbitration, unless the parties agree otherwise.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Commencement of Arbitral Proceedings [1297.211- 1297.211.] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.211. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.22. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If a provision leaves the parties free to decide an issue, the parties may authorize a third party, including an institution, to make that decision.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.22. Where a provision of this title, except Article 1 (commencing with Section 1297.281) of Chapter 6, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.221. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties may agree on the language or languages used in the arbitration.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.221. The parties may agree upon the language or languages to be used in the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.222. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties have not agreed under Section 1297.221, the arbitral tribunal must decide what language or languages will be used in the arbitration.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.222. Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.223. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
Unless the parties specify otherwise, the agreement or determination applies to written statements, hearings, and arbitral awards, decisions, or other communications from the arbitral tribunal.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.223. The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or other communication by the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.224. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may order that documentary evidence be translated into the language or languages agreed by the parties or chosen by the tribunal.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Language [1297.221 - 1297.224] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.224. The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.23. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If this title refers to the parties’ agreement, that agreement is treated as including any arbitration or conciliation rules it refers to.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.23. Where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.231. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Statements of Claim and Defense [1297.231 - 1297.233] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
In international commercial arbitration, the claimant must state the facts, issues, and requested relief, and the respondent must state the defense, within the time agreed by the parties or set by the arbitral tribunal, unless the parties agree otherwise on what those statements must include.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Statements of Claim and Defense [1297.231 - 1297.233] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.231. Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.232. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Statements of Claim and Defense [1297.231 - 1297.233] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
Parties may file relevant documents with their statements or refer to documents or other evidence they will submit.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Statements of Claim and Defense [1297.231 - 1297.233] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.232. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.233. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Statements of Claim and Defense [1297.231 - 1297.233] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
Either party may amend or supplement its claim or defense during the arbitration, unless the parties agreed otherwise or the tribunal finds the change inappropriate because of delay.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Statements of Claim and Defense [1297.231 - 1297.233] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.233. Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.24. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
In this title, a reference to a claim also includes a counterclaim, and a reference to a defense also includes a defense to that counterclaim, except for the listed provisions.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Interpretation [1297.20 - 1297.24] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.24. Where this title, other than Article 8 (commencing with Section 1297. 251) of Chapter 5, Article 5 (commencing with Section 1297.321) of Chapter 6, or subdivision (a) of Section 1297.322, refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to that counterclaim. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.241. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. )
Unless the parties agree otherwise, the arbitral tribunal decides whether hearings will be oral or whether the case will proceed on documents and other materials.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.241. Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.242. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal must hold oral hearings if a party requests them, unless the parties agreed that no oral hearings will be held.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.242. Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the proceedings, if so requested by a party. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.243. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties are entitled to sufficient advance notice of any hearing and any arbitral tribunal meeting held to inspect documents, goods, or other property.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.243. The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods, or other property. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.244. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. )
Each party must share materials it gives to the arbitral tribunal with the other party, and the tribunal must share any expert report or evidentiary document it may rely on with the parties.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.244. All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.245. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. )
Oral hearings and meetings in arbitral proceedings must be held in camera unless the parties agree otherwise.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 7. Hearings and Written Proceedings [1297.241 - 1297.245] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.245. Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.251. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 8. Default of a Party [1297.251 - 1297.253] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties have not agreed otherwise, the arbitral tribunal must terminate the proceedings when the claimant fails, without sufficient cause, to communicate the statement of claim as required by the cited sections.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 8. Default of a Party [1297.251 - 1297.253] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.251. Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate his or her statement of claim in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall terminate the proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.252. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 8. Default of a Party [1297.251 - 1297.253] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. )
If the respondent does not submit a statement of defense without sufficient cause, the arbitral tribunal must continue the arbitration and must not treat that failure as an admission, unless the parties agreed otherwise.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 8. Default of a Party [1297.251 - 1297.253] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.252. Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the claimant’s allegations. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.253. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 8. Default of a Party [1297.251 - 1297.253] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. )
If a party does not appear at an oral hearing or produce documents without sufficient cause, and the parties have not agreed otherwise, the arbitral tribunal may go on and decide the case on the evidence before it.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 8. Default of a Party [1297.251 - 1297.253] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.253. Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.261. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 9. Expert Appointed by Arbitral Tribunal [1297.261 - 1297.262] ( Article 9 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may appoint one or more experts, unless the parties agree otherwise, and may require a party to provide relevant information, documents, goods, or other property for the expert’s inspection.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 9. Expert Appointed by Arbitral Tribunal [1297.261 - 1297.262] ( Article 9 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.261. Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for his or her inspection. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.262. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 9. Expert Appointed by Arbitral Tribunal [1297.261 - 1297.262] ( Article 9 added by Stats. 1988, Ch. 23, Sec. 1. )
An expert must participate in an oral hearing after giving a written or oral report, unless the parties agree otherwise, if a party asks or the arbitral tribunal thinks it is necessary.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 9. Expert Appointed by Arbitral Tribunal [1297.261 - 1297.262] ( Article 9 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.262. Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or her written or oral report, participate in an oral hearing where the parties have the opportunity to question the expert and to present expert witnesses on the points at issue. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.271. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations [1297.271 - 1297.273] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal, or a party with the tribunal’s approval, may ask the superior court for help taking evidence, and the court may carry out the request within its competence and evidence rules.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations [1297.271 - 1297.273] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.271. The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the superior court assistance in taking evidence and the court may execute the request within its competence and according to its rules on taking evidence. In addition, a subpoena may issue as provided in Section 1282.6, in which case the witness compensation provisions of Section 1283.2 shall apply. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.272. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations [1297.271 - 1297.273] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. )
If parties to multiple arbitration agreements agree to consolidate, the superior court may, on application and with everyone else’s consent, consolidate the arbitrations or make related orders.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations [1297.271 - 1297.273] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.272. Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those arbitration agreements, the superior court may, on application by one party with the consent of all the other parties to those arbitration agreements, do one or more of the following: (a) Order the arbitrations to be consolidated on terms the court considers just and necessary. (b) Where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal in accordance with Section 1297.118. (c) Where all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.273. Verify source ↗
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations [1297.271 - 1297.273] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. )
Parties to two or more arbitrations may agree to consolidate them and take the steps needed to carry out that consolidation.
## 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 5. Manner and Conduct of Arbitration [1297.181 - 1297.273] ( Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations [1297.271 - 1297.273] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.273. Nothing in this article shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.281. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal must decide the dispute using the rules of law chosen by the parties for the dispute’s substance.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.281. The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.282. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
A party’s choice of a state’s law or legal system is treated as a choice of that state’s substantive law, unless the parties say otherwise.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.282. Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.283. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties do not designate the law under Section 1297.282, the arbitral tribunal must apply the rules of law it considers appropriate for the dispute.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.283. Failing any designation of the law under Section 1297.282 by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.284. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral tribunal may decide a dispute ex aequo et bono or as amiable compositeur if the parties have expressly authorized it.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.284. The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorized it to do so. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.285. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal must decide according to the contract and consider applicable trade usages.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281 - 1297.285] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.285. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.291. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Decisionmaking by Panel of Arbitrators [1297.291- 1297.291.] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
In multi-arbitrator proceedings, the tribunal must decide by majority unless the parties agree otherwise; procedural questions may be decided by a presiding arbitrator if authorized.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Decisionmaking by Panel of Arbitrators [1297.291- 1297.291.] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.291. Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. Notwithstanding this section, if authorized by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by a presiding arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.301. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral tribunal may encourage settlement, and with the parties’ agreement may use mediation, conciliation, or other procedures during the arbitration to do so.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.301. It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to encourage settlement. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.302. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties settle during arbitration, the arbitral tribunal must end the proceedings, and it may record the settlement as an arbitral award on agreed terms if the parties request it and the tribunal does not object.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.302. If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.303. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral award on agreed terms must follow Article 4 and must say that it is an arbitral award.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.303. An arbitral award on agreed terms shall be made in accordance with Article 4 (commencing with Section 1297.311) of this chapter and shall state that it is an arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.304. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral award made on agreed terms has the same status and effect as any other arbitral award on the dispute.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Settlement [1297.301 - 1297.304] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.304. An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.31. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Receipt of Written Communications [1297.31 - 1297.33] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
Written communications are treated as received when delivered personally or at the addressee’s business, habitual residence, or mailing address, unless the parties agree otherwise.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Receipt of Written Communications [1297.31 - 1297.33] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.31. Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address, and the communication is deemed to have been received on the day it is so delivered. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.311. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral award must be in writing and signed by the members of the arbitral tribunal.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.311. An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.312. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
In arbitral proceedings with more than one arbitrator, a majority of the tribunal members’ signatures is enough if the reason for any missing signature is stated.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.312. For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.313. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitral award must state the reasons for the decision, unless the parties agreed that no reasons are needed or the award is on agreed terms under Article 3.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.313. The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an arbitral award on agreed terms under Article 3 (commencing with Section 1297.301) of this chapter. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.314. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral award must state the date and the place of arbitration, and it is treated as made at that place.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.314. The arbitral award shall state its date and the place of arbitration as determined in accordance with Article 3 (commencing with Section 1297.201) of Chapter 5 and the award shall be deemed to have been made at that place. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.315. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
After an arbitral award is made, a signed copy must be delivered to each party.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.315. After the arbitral award is made, a signed copy shall be delivered to each party. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.316. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may issue an interim arbitral award during the proceedings on any matter it could decide finally.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.316. The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.317. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may award interest unless the parties agree אחרת.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.317. Unless otherwise agreed by the parties, the arbitral tribunal may award interest. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.318. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
Unless the parties agree otherwise, the arbitral tribunal controls arbitration costs and may decide what counts as costs and how they are allocated and paid.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Form and Content of Arbitral Award [1297.311 - 1297.318] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.318. (a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an order for costs, the arbitral tribunal may include as costs any of the following: (1) The fees and expenses of the arbitrators and expert witnesses. (2) Legal fees and expenses. (3) Any administration fees of the institution supervising the arbitration, if any. (4) Any other expenses incurred in connection with the arbitral proceedings. (c) In making an order for costs, the arbitral tribunal may specify any of the following: (1) The party entitled to costs. (2) The party who shall pay the costs. (3) The amount of costs or method of determining that amount. (4) The manner in which the costs shall be paid. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.32. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Receipt of Written Communications [1297.31 - 1297.33] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
If the listed places in Section 1297.31 cannot be found after reasonable inquiry, a written communication is treated as received when sent to the addressee’s last known business, home, or mailing address by registered mail or another method that records the delivery attempt.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Receipt of Written Communications [1297.31 - 1297.33] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.32. If none of the places referred to in Section 1297.31 can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence, or mailing address by registered mail or by any other means which provides a record of the attempt to deliver it. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.321. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Termination of Proceedings [1297.321 - 1297.323] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
Arbitral proceedings end when a final arbitral award is made or when the arbitral tribunal issues an order under Section 1297.322.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Termination of Proceedings [1297.321 - 1297.323] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.321. The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be final upon the expiration of the applicable periods in Article 6 (commencing with Section 1297.331) of this chapter. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.322. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Termination of Proceedings [1297.321 - 1297.323] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal must end the arbitration by order when specified conditions are met.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Termination of Proceedings [1297.321 - 1297.323] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.322. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs: (a) The claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on the respondent’s part in obtaining a final settlement of the dispute. (b) The parties agree on the termination of the proceedings. (c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.323. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Termination of Proceedings [1297.321 - 1297.323] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal’s mandate ends when the arbitral proceedings end, subject to Article 6.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Termination of Proceedings [1297.321 - 1297.323] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.323. Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.33. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Receipt of Written Communications [1297.31 - 1297.33] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
This article does not apply to written communications in court proceedings.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Receipt of Written Communications [1297.31 - 1297.33] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.33. This article does not apply to written communications in respect of court proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.331. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
A party may ask the arbitral tribunal to correct certain award errors within 30 days after receiving the award, unless the parties agreed to a different period. A party may also ask for interpretation of a specific point or part of the award if the parties agreed to that.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.331. Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) A party may request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or typographical errors, or any other errors of a similar nature. (b) A party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.332. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
If the arbitral tribunal finds a request under Section 1297.331 justified, it must correct or interpret the award within 30 days after receiving the request.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.332. If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30 days after receipt of the request and the interpretation shall form part of the arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.333. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may correct certain errors on its own initiative within 30 days after the award date.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.333. The arbitral tribunal may correct any error of the type referred to in subdivision (a) of Section 1297.331, on its own initiative, within 30 days after the date of the arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.334. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
A party may ask the arbitral tribunal for an additional arbitral award on claims that were presented but left out of the original award, unless the parties agreed otherwise.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.334. Unless otherwise agreed by the parties, a party may request, within 30 days after receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.335. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
If the arbitral tribunal finds a request under Section 1297.334 justified, it must issue the additional arbitral award within 60 days after receiving the request.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.335. If the arbitral tribunal considers any request made under Section 1297.334 to be justified, it shall make the additional arbitral award within 60 days after receipt of the request. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.336. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
The arbitral tribunal may extend the time period for making a correction, giving an interpretation, or making an additional arbitral award, if necessary.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.336. The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation, or make an additional arbitral award under Section 1297.331 or 1297.334. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.337. Verify source ↗
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
Article 4 of this chapter applies to corrections or interpretations of an arbitral award, and to any additional arbitral award made under this section.
## 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 6. Making of Arbitral Award and Termination of Proceedings [1297.281 - 1297.337] ( Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Correction and Interpretation of Awards and Additional Awards [1297.331 - 1297.337] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.337. Article 4 (commencing with Section 1297.311) of this chapter applies to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.341. Verify source ↗
## 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. )
The State of California encourages conciliation for qualifying international commercial disputes, and the parties may choose, or allow others to choose, one or more conciliators.
## 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. Verify source ↗
## 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. )
Conciliators must act with objectivity, fairness, and justice, and consider the parties’ rights and obligations, trade usages, the dispute’s circumstances, and any prior practices between the parties.
## 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. ) ## 1297.342. 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. Verify source ↗
## 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. )
The conciliator or conciliators may conduct conciliation proceedings in the way they consider appropriate, while taking the case circumstances, the parties’ wishes, and the goal of a speedy settlement into account.
## 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. ) ## 1297.343. 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.) - 1297.351. Verify source ↗
## 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 2. Representation and Assistance [1297.351- 1297.351.] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
Parties may appear in person or be represented or assisted by a person of their choice.
## 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 2. Representation and Assistance [1297.351- 1297.351.] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.351. The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be a member of the legal profession or licensed to practice law in California. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.361. Verify source ↗
## 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 3. Report of Conciliators [1297.361 - 1297.362] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
Conciliators may prepare and send a draft settlement, and the parties must approve it within the time specified.
## 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 3. Report of Conciliators [1297.361 - 1297.362] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.361. At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify their approval. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.362. Verify source ↗
## 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 3. Report of Conciliators [1297.361 - 1297.362] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. )
No party can be forced to accept a settlement proposed by the conciliator or conciliators.
## 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 3. Report of Conciliators [1297.361 - 1297.362] ( Article 3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.362. No party may be required to accept any settlement proposed by the conciliator or conciliators. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.371. Verify source ↗
## 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 4. Confidentiality [1297.371- 1297.371.] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
Statements, admissions, and documents from a conciliation are generally confidential and usually cannot be admitted or compelled in evidence.
## 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 4. Confidentiality [1297.371- 1297.371.] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.371. When persons agree to participate in conciliation under this title: (a) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pursuant to law, testimony may be compelled to be given. However, this subdivision does not limit the admissibility of evidence if all parties participating in conciliation consent to its disclosure. (b) In the event that any such evidence is offered in contravention of this section, the arbitration tribunal or the court shall make any order which it considers to be appropriate to deal with the matter, including, without limitation, orders restricting the introduction of evidence, or dismissing the case without prejudice. (c) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the conciliation, or any copy thereof, is admissible in evidence, and disclosure of any such document shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.381. Verify source ↗
## 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 5. Stay of Arbitration and Resort to Other Proceedings [1297.381 - 1297.382] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
If the parties agree to conciliation, that agreement is treated as a stay of all court or arbitral proceedings while conciliation is pending.
## 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 5. Stay of Arbitration and Resort to Other Proceedings [1297.381 - 1297.382] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.381. The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.382. Verify source ↗
## 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 5. Stay of Arbitration and Resort to Other Proceedings [1297.381 - 1297.382] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
Limitation periods are tolled when conciliation proceedings begin, and they stay tolled until the 10th day after conciliation ends.
## 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 5. Stay of Arbitration and Resort to Other Proceedings [1297.381 - 1297.382] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.382. All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this title and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the 10th day following the termination of conciliation proceedings. For purposes of this article, conciliation proceedings are deemed to have commenced as soon as (a) a party has requested conciliation of a particular dispute or disputes, and (b) the other party or parties agree to participate in the conciliation proceeding. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.391. Verify source ↗
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
Conciliation proceedings may end if the conciliator(s) say further conciliation is no longer justified, if the parties say the proceedings are terminated, or if all parties sign a settlement agreement.
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.391. The conciliation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration. (b) A written declaration of the parties addressed to the conciliator or conciliators to the effect that the conciliation proceedings are terminated, on the date of the declaration. (c) The signing of a settlement agreement by all of the parties, on the date of the agreement. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.392. Verify source ↗
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
Conciliation proceedings may end for particular parties if a party gives a written declaration, or if some parties sign a settlement agreement.
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.392. The conciliation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other party and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to that particular party, on the date of the declaration. (b) The signing of a settlement agreement by some of the parties, on the date of the agreement. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.393. Verify source ↗
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
A former conciliator generally may not serve as arbitrator or participate in arbitral or judicial proceedings in the same dispute, unless all parties consent or the applicable conciliation/arbitration rules allow it.
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.393. No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute unless all parties manifest their consent to such participation or the rules adopted for conciliation or arbitration otherwise provide. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.394. Verify source ↗
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
A party that submits to conciliation does not lose rights or remedies, except as stated in a settlement agreement from the conciliation.
## 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 6. Termination [1297.391 - 1297.394] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.394. By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement which results from the conciliation. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.401. Verify source ↗
## 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 7. Enforceability of Decree [1297.401- 1297.401.] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. )
If conciliation succeeds and the settlement is written and signed by the conciliator(s) and the parties or their representatives, the agreement is treated like a valid arbitral award.
## 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 7. Enforceability of Decree [1297.401- 1297.401.] ( Article 7 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.401. If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitral tribunal duly constituted in and pursuant to the laws of this state, and shall have the same force and effect as a final award in arbitration. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.41. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Waiver of Right to Object [1297.41 - 1297.42] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
A party that knows of a noncompliance must object without undue delay, or within any stated time limit, or it is deemed to have waived the right to object.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Waiver of Right to Object [1297.41 - 1297.42] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.41. A party who knows that any provision of this title, or any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his or her objection to noncompliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to object. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.411. Verify source ↗
## 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 8. Costs [1297.411 - 1297.412] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. )
When conciliation ends, the conciliator must set the conciliation costs and give written notice to the parties.
## 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 8. Costs [1297.411 - 1297.412] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.411. Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. As used in this article, “costs” includes only the following: (a) A reasonable fee to be paid to the conciliator or conciliators. (b) The travel and other reasonable expenses of the conciliator or conciliators. (c) The travel and other reasonable expenses of witnesses requested by the conciliator or conciliators with the consent of the parties. (d) The cost of any expert advice requested by the conciliator or conciliators with the consent of the parties. (e) The cost of any court. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.412. Verify source ↗
## 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 8. Costs [1297.411 - 1297.412] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. )
The parties must share the costs equally unless their settlement agreement says otherwise. Each party must also pay its own other expenses.
## 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 8. Costs [1297.411 - 1297.412] ( Article 8 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.412. These costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.42. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Waiver of Right to Object [1297.41 - 1297.42] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. )
This section defines “any provision of this title” for Section 1297.41 as any provision the parties may otherwise agree about.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 4. Waiver of Right to Object [1297.41 - 1297.42] ( Article 4 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.42. For purposes of Section 1297.41, “any provision of this title” means any provision of this title in respect of which the parties may otherwise agree. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.421. Verify source ↗
## 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 9. Effect on Jurisdiction [1297.421- 1297.421.] ( Article 9 added by Stats. 1988, Ch. 23, Sec. 1. )
Taking part in conciliation, or agreeing to it, does not count as consenting to a California court’s jurisdiction if conciliation fails.
## 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 9. Effect on Jurisdiction [1297.421- 1297.421.] ( Article 9 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.421. Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in such proceedings, nor the entering into a conciliation agreement or settlement shall be deemed as consent to the jurisdiction of any court in this state in the event conciliation fails. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.431. Verify source ↗
## 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 10. Immunity of Conciliators and Parties [1297.431 - 1297.432] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. )
Conciliators, parties, and their representatives are exempt from service of process on civil matters while they are in the state to arrange for or participate in conciliation under this title.
## 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 10. Immunity of Conciliators and Parties [1297.431 - 1297.432] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.431. Neither the conciliator or conciliators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are present in this state for the purpose of arranging for or participating in conciliation pursuant to this title. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.432. Verify source ↗
## 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 10. Immunity of Conciliators and Parties [1297.431 - 1297.432] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. )
A person serving as a conciliator is immune from damages liability for acts or omissions made while performing that role in proceedings under this title.
## 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 10. Immunity of Conciliators and Parties [1297.431 - 1297.432] ( Article 10 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.432. No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of his or her role as a conciliator in any proceeding subject to this title. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.51. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Extent of Judicial Intervention [1297.51- 1297.51.] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. )
Courts must not intervene in matters governed by this title unless this title or applicable federal law allows it.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 5. Extent of Judicial Intervention [1297.51- 1297.51.] ( Article 5 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.51. In matters governed by this title, no court shall intervene except where so provided in this title, or applicable federal law. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.61. Verify source ↗
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Functions [1297.61- 1297.61.] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. )
The listed arbitration functions must be performed by the specified superior court.
## 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 1. Application and Interpretation [1297.11 - 1297.61] ( Chapter 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 6. Functions [1297.61- 1297.61.] ( Article 6 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.61. The functions referred to in Sections 1297.114, 1297.115, 1297.116, 1297.134, 1297.135, 1297.136, 1297.165, 1297.166, and 1297.167 shall be performed by the superior court of the county in which the place of arbitration is located. The functions referred to in Section 1297.81 shall be performed by the superior court selected pursuant to Article 2 (commencing with Section 1292) of Chapter 5 of Title 9. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.71. Verify source ↗
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Definition and Form of Arbitration Agreements [1297.71 - 1297.73] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitration agreement means an agreement by the parties to send existing or future disputes to arbitration.
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Definition and Form of Arbitration Agreements [1297.71 - 1297.73] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 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 arbitration clause in a contract or in the form of a separate agreement. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.) - 1297.72. Verify source ↗
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Definition and Form of Arbitration Agreements [1297.71 - 1297.73] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitration agreement must be in writing.
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Definition and Form of Arbitration Agreements [1297.71 - 1297.73] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.72. An arbitration agreement shall be in writing. (Amended by Stats. 2024, Ch. 90, Sec. 3. (AB 1903) Effective January 1, 2025.) - 1297.73. Verify source ↗
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Definition and Form of Arbitration Agreements [1297.71 - 1297.73] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. )
An arbitration agreement counts as written if its content is recorded in a usable form, including signed documents, exchanged messages, or an electronic communication that can be kept for later reference.
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 1. Definition and Form of Arbitration Agreements [1297.71 - 1297.73] ( Article 1 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 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 reference that provides a record of the agreement. (b) The requirement that an arbitration agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be usable for subsequent reference. (1) “Electronic communication” means any communication that the parties make by means of data messages. (2) “Data message” means information generated, sent, received, or stored by electronic, magnetic, optical, or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex, or telecopy. (c) An arbitration agreement is in writing if it is contained in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other. (d) The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract. (Added by Stats. 2024, Ch. 90, Sec. 4. (AB 1903) Effective January 1, 2025.) - 1297.81. Verify source ↗
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Stay of Proceedings [1297.81 - 1297.82] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )
If one party to an international commercial arbitration agreement files court proceedings about a covered matter, the other party may ask the superior court to stay the case and compel arbitration.
## 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 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Stay of Proceedings [1297.81 - 1297.82] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 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 to stay the proceedings and to compel arbitration. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
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