Code of Civil Procedure, 1872

A party in arbitration may require a certified shorthand reporter to transcribe a deposition, proceeding, or hearing, and that transcript becomes the official record.

This section governs how subpoenas are issued, filled out, served, and enforced in arbitration proceedings.

The neutral arbitrator may administer oaths.

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.

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.

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.

An arbitration award must be written and signed by the arbitrators who agree with it.

The neutral arbitrator must serve a signed copy of the award on each party.

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.

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.

By default, each arbitration party must pay a pro rata share of the neutral arbitrator’s fees and other approved arbitration expenses.

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.

A party to an arbitration with an award may ask the court to confirm, correct, or vacate the award.

A response to a petition may ask the court to dismiss the petition or to confirm, correct, or vacate the award.

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.

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.

A petition to correct or vacate an award, or a response asking for that relief, must state the grounds for the request.

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.

The court must vacate an arbitration award if any listed ground is proven, subject to Section 1286.4.

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.

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.

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.

If an arbitration award is vacated, the court may order a rehearing, usually before new arbitrators.

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.

If an award is confirmed, the court must enter judgment matching the award.

An arbitration award that has not been confirmed or vacated has the same force and effect as a written contract between the arbitration parties.

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.

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.

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.

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.

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.

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.

A court proceeding under this title starts when a petition is filed, and a named respondent may file a response.

Petitions under this title must be heard summarily, and at least 10 days’ notice of the hearing date must be given.

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.

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.

A response must be served according to Chapter 5 (starting with Section 1010) of Title 14, Part 2 of this code.

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.

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.

A petition filed before arbitration starts must be filed in a court with jurisdiction, subject to the article’s exceptions.

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.

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.

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.

A motion to stay an action because an issue is subject to arbitration must be made in the court where the action is pending.

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.

The court must award costs for judicial proceedings under this title, following Chapter 6 starting with Section 1021 of Title 14, Part 2.

An aggrieved party may appeal certain arbitration-related orders and judgments.

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.

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.

Medical services contracts with arbitration clauses must put the arbitration provision first and include a specified bold red notice before the signature line.

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.

The parties may choose the number of arbitrators. If they do not agree, there is one arbitrator.

This title applies to international commercial arbitration and conciliation, unless an in-force agreement between the United States and another state or states controls.

A person of any nationality may serve as an arbitrator.

The parties may agree on how to appoint the arbitral tribunal, but only subject to Sections 1297.115 and 1297.116.

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.

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.

If the parties in a sole-arbitrator arbitration cannot agree on the arbitrator, the superior court must appoint one when a party asks.

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.

A decision on a matter entrusted to the superior court under the cited sections is final and cannot be appealed.

When appointing an arbitrator, the superior court must consider the parties’ agreed qualifications, independence and impartiality, and sometimes nationality.

An arbitrator has judicial-officer-style immunity from civil liability when acting as an arbitrator under a statute or contract.

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.

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.

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.

An arbitrator must promptly disclose to the parties any previously undisclosed circumstances covered by Section 1297.121.

An arbitrator may be challenged only in limited cases involving doubts about independence, impartiality, or agreed qualifications.

A party may challenge an arbitrator it appointed or helped appoint only for reasons it learns after the appointment.

An arbitration or conciliation agreement counts as international if any listed cross-border condition is met.

The parties may agree on how to challenge an arbitrator, and the resulting decision is final.

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.

If the challenged arbitrator does not withdraw and the other party does not agree, the arbitral tribunal must decide the challenge.

After an unsuccessful challenge, the challenging party may ask the superior court to decide the challenge within 30 days after notice of the rejection.

The superior court’s decision under Section 1297.134 is final and cannot be appealed.

While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitration and make an award.

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.

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.

If a dispute remains about the grounds in Section 1297.141, a party may ask the superior court to decide whether the mandate ends.

A superior court decision under Section 1297.142 cannot be appealed.

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.

For Section 1297.13, the states of the United States, including the District of Columbia, are treated as one state.

An arbitrator’s mandate ends if the arbitrator withdraws from office or if the parties agree to end it.

If an arbitrator’s mandate ends, a substitute arbitrator must be appointed under the same rules used to appoint the arbitrator being replaced.

Unless the parties agree otherwise, hearings already held may be repeated when an arbitrator is replaced.

An arbitral tribunal’s order or ruling made before an arbitrator is replaced stays valid unless the parties agree otherwise.

An arbitration or conciliation agreement counts as commercial if it arises from a commercial relationship.

The arbitral tribunal may decide its own jurisdiction, including objections about whether the arbitration agreement exists or is valid.

A party must raise a jurisdictional plea by the time it submits the statement of defense.

A plea that the arbitral tribunal is exceeding its authority must be raised as soon as that issue is raised during the arbitration.

An arbitral tribunal may allow a later plea if the delay is justified.

The arbitral tribunal may decide a plea under Sections 1297.162 and 1297.163 either first or in the final merits award.

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.

While a request under Section 1297.166 is pending, the arbitral tribunal may keep the arbitration going and may issue an arbitral award.

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.

An arbitral tribunal may grant interim measures of protection at a party’s request unless the parties agreed otherwise.

A party asking for certain interim measures must convince the arbitral tribunal that specified harm and merits conditions are met.

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.

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.

The arbitral tribunal may modify, suspend, or end an interim measure or preliminary order it has already granted.

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.

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.

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.

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.

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.

Parties in the arbitration must be treated equally and each party must get a full chance to present its case.

This section defines who counts as a “qualified attorney” for this article.

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.

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.

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.

The Supreme Court may issue rules to implement this article.

The parties may agree on the procedure the arbitral tribunal will follow in the arbitration.

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.

The arbitral tribunal may decide whether evidence is admissible, relevant, material, or how much weight it should get.

This section says the title should be interpreted with regard to its international origin and in a way that promotes uniformity and good faith.

The parties may agree on the place of arbitration.

If the parties have not agreed under Section 1297.201, the arbitral tribunal must तयermine the place of arbitration.

The arbitral tribunal may meet at any place it considers appropriate, unless the parties agree otherwise.

This section defines key terms used in this title on international commercial arbitration and conciliation.

Arbitral proceedings start when the respondent receives a request to refer the dispute to arbitration, unless the parties agree otherwise.

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.

The parties may agree on the language or languages used in the arbitration.

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.

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.

The arbitral tribunal may order that documentary evidence be translated into the language or languages agreed by the parties or chosen by the tribunal.

If this title refers to the parties’ agreement, that agreement is treated as including any arbitration or conciliation rules it refers to.

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.

Parties may file relevant documents with their statements or refer to documents or other evidence they will submit.

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.

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.

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.

The arbitral tribunal must hold oral hearings if a party requests them, unless the parties agreed that no oral hearings will be held.

The parties are entitled to sufficient advance notice of any hearing and any arbitral tribunal meeting held to inspect documents, goods, or other property.

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.

Oral hearings and meetings in arbitral proceedings must be held in camera unless the parties agree otherwise.

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.

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.

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.

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.

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.

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.

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.

Parties to two or more arbitrations may agree to consolidate them and take the steps needed to carry out that consolidation.

The arbitral tribunal must decide the dispute using the rules of law chosen by the parties for the dispute’s substance.

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.

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.

An arbitral tribunal may decide a dispute ex aequo et bono or as amiable compositeur if the parties have expressly authorized it.

The arbitral tribunal must decide according to the contract and consider applicable trade usages.

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.

An arbitral tribunal may encourage settlement, and with the parties’ agreement may use mediation, conciliation, or other procedures during the arbitration to do so.

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.

An arbitral award on agreed terms must follow Article 4 and must say that it is an arbitral award.

An arbitral award made on agreed terms has the same status and effect as any other arbitral award on the dispute.

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.

An arbitral award must be in writing and signed by the members of the arbitral tribunal.

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.

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.

The arbitral award must state the date and the place of arbitration, and it is treated as made at that place.

After an arbitral award is made, a signed copy must be delivered to each party.

The arbitral tribunal may issue an interim arbitral award during the proceedings on any matter it could decide finally.

The arbitral tribunal may award interest unless the parties agree אחרת.

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.

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.

Arbitral proceedings end when a final arbitral award is made or when the arbitral tribunal issues an order under Section 1297.322.

The arbitral tribunal must end the arbitration by order when specified conditions are met.

The arbitral tribunal’s mandate ends when the arbitral proceedings end, subject to Article 6.

This article does not apply to written communications in court proceedings.

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.

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.

The arbitral tribunal may correct certain errors on its own initiative within 30 days after the award date.

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.

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.

The arbitral tribunal may extend the time period for making a correction, giving an interpretation, or making an additional arbitral award, if necessary.

Article 4 of this chapter applies to corrections or interpretations of an arbitral award, and to any additional arbitral award made under this section.

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.

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.

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.

Parties may appear in person or be represented or assisted by a person of their choice.

Conciliators may prepare and send a draft settlement, and the parties must approve it within the time specified.

No party can be forced to accept a settlement proposed by the conciliator or conciliators.

Statements, admissions, and documents from a conciliation are generally confidential and usually cannot be admitted or compelled in evidence.

If the parties agree to conciliation, that agreement is treated as a stay of all court or arbitral proceedings while conciliation is pending.

Limitation periods are tolled when conciliation proceedings begin, and they stay tolled until the 10th day after conciliation ends.

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.

Conciliation proceedings may end for particular parties if a party gives a written declaration, or if some parties sign a settlement agreement.

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.

A party that submits to conciliation does not lose rights or remedies, except as stated in a settlement agreement from the conciliation.

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.

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.

When conciliation ends, the conciliator must set the conciliation costs and give written notice to the parties.

The parties must share the costs equally unless their settlement agreement says otherwise. Each party must also pay its own other expenses.

This section defines “any provision of this title” for Section 1297.41 as any provision the parties may otherwise agree about.

Taking part in conciliation, or agreeing to it, does not count as consenting to a California court’s jurisdiction if conciliation fails.

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.

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.

Courts must not intervene in matters governed by this title unless this title or applicable federal law allows it.

The listed arbitration functions must be performed by the specified superior court.

An arbitration agreement means an agreement by the parties to send existing or future disputes to arbitration.