Cal. CCP § 1297.284 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 1 / Section 1297.284
Section 1297.284
Status: in_force

The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorized it to do so.
Cal. CCP § 1297.82 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 2 / Section 1297.82
Section 1297.82
Status: in_force

A timely request for a stay of judicial proceedings made under Section 1297.81 shall be granted.
Cal. CCP § 1297.362 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 3 / Section 1297.362
Section 1297.362
Status: in_force

No party may be required to accept any settlement proposed by the conciliator or conciliators.
Cal. CCP § 1297.15 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.15
Section 1297.15
Status: in_force

For the purposes of Section 1297.13, the states of the United States, including the District of Columbia, shall be considered one state.
Cal. CCP § 1297.118 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.118
Section 1297.118
Status: in_force

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.
Cal. CCP § 1297.179 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.179
Section 1297.179
Status: in_force

(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.
Cal. CCP § 1297.167 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.167
Section 1297.167
Status: in_force

While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award.
Cal. CCP § 1297.164 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.164
Section 1297.164
Status: in_force

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.
Cal. CCP § 1297.73 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 1 / Section 1297.73
Section 1297.73
Status: in_force

(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.
Cal. CCP § 1297.381 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 5 / Section 1297.381
Section 1297.381
Status: in_force

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.
Cal. CCP § 1297.23 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 2 / Section 1297.23
Section 1297.23
Status: in_force

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.
Cal. CCP § 1297.32 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 3 / Section 1297.32
Section 1297.32
Status: in_force

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.
Cal. CCP § 1297.133 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 4 / Section 1297.133
Section 1297.133
Status: in_force

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.
Cal. CCP § 1297.342 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 1 / Section 1297.342
Section 1297.342
Status: in_force

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.
Cal. CCP § 1297.31 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 3 / Section 1297.31
Section 1297.31
Status: in_force

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.
Cal. CCP § 1297.17 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.17
Section 1297.17
Status: in_force

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.
Cal. CCP § 1297.343 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 1 / Section 1297.343
Section 1297.343
Status: in_force

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.
Cal. CCP § 1297.92 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 3 / Section 1297.92
Section 1297.92
Status: in_force

Any party to an arbitration governed by this title may request the superior court to enforce an interim measure of protection granted by an arbitral tribunal pursuant to Article 2 (commencing with Section 1297.171) of Chapter 4.
Cal. CCP § 1297.401 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 7 / Section 1297.401
Section 1297.401
Status: in_force

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.
Cal. CCP § 1297.12 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.12
Section 1297.12
Status: in_force

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.
Cal. CCP § 1297.153 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 6 / Section 1297.153
Section 1297.153
Status: in_force

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.
Cal. CCP § 1297.175 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.175
Section 1297.175
Status: in_force

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.
Cal. CCP § 1297.192 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 2 / Section 1297.192
Section 1297.192
Status: in_force

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.
Cal. CCP § 1297.21 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 2 / Section 1297.21
Section 1297.21
Status: in_force

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.
Cal. CCP § 1297.180 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.180
Section 1297.180
Status: in_force

(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.
Cal. CCP § 1297.285 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 1 / Section 1297.285
Section 1297.285
Status: in_force

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.
Cal. CCP § 1297.11 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.11
Section 1297.11
Status: in_force

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.
Cal. CCP § 1297.154 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 6 / Section 1297.154
Section 1297.154
Status: in_force

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.
Cal. CCP § 1297.61 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 6 / Section 1297.61
Section 1297.61
Status: in_force

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.
Cal. CCP § 1297.113 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.113
Section 1297.113
Status: in_force

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.
Cal. CCP § 1297.312 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.312
Section 1297.312
Status: in_force

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.
Cal. CCP § 1297.173 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.173
Section 1297.173
Status: in_force

(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.
Cal. CCP § 1297.152 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 6 / Section 1297.152
Section 1297.152
Status: in_force

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.
Cal. CCP § 1297.165 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.165
Section 1297.165
Status: in_force

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.
Cal. CCP § 1297.291 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 2 / Section 1297.291
Section 1297.291
Status: in_force

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.
Cal. CCP § 1297.221 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 5 / Section 1297.221
Section 1297.221
Status: in_force

The parties may agree upon the language or languages to be used in the arbitral proceedings.
Cal. CCP § 1297.117 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.117
Section 1297.117
Status: in_force

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.
Cal. CCP § 1297.233 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 6 / Section 1297.233
Section 1297.233
Status: in_force

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.
Cal. CCP § 1297.144 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 5 / Section 1297.144
Section 1297.144
Status: in_force

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.
Cal. CCP § 1297.392 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 6 / Section 1297.392
Section 1297.392
Status: in_force

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.
Cal. CCP § 1297.252 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 8 / Section 1297.252
Section 1297.252
Status: in_force

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.
Cal. CCP § 1297.271 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 10 / Section 1297.271
Section 1297.271
Status: in_force

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.
Cal. CCP § 1297.151 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 6 / Section 1297.151
Section 1297.151
Status: in_force

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.
Cal. CCP § 1297.321 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 5 / Section 1297.321
Section 1297.321
Status: in_force

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.
Cal. CCP § 1297.134 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 4 / Section 1297.134
Section 1297.134
Status: in_force

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.
Cal. CCP § 1297.282 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 1 / Section 1297.282
Section 1297.282
Status: in_force

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.
Cal. CCP § 1297.16 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.16
Section 1297.16
Status: in_force

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.
Cal. CCP § 1297.382 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 5 / Section 1297.382
Section 1297.382
Status: in_force

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.
Cal. CCP § 1297.303 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 3 / Section 1297.303
Section 1297.303
Status: in_force

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.
Cal. CCP § 1297.115 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.115
Section 1297.115
Status: in_force

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.
Cal. CCP § 1297.141 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 5 / Section 1297.141
Section 1297.141
Status: in_force

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.
Cal. CCP § 1297.333 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.333
Section 1297.333
Status: in_force

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.
Cal. CCP § 1297.431 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 10 / Section 1297.431
Section 1297.431
Status: in_force

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.
Cal. CCP § 1297.22 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 2 / Section 1297.22
Section 1297.22
Status: in_force

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.
Cal. CCP § 1297.176 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.176
Section 1297.176
Status: in_force

(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.
Cal. CCP § 1297.142 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 5 / Section 1297.142
Section 1297.142
Status: in_force

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.
Cal. CCP § 1297.272 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 10 / Section 1297.272
Section 1297.272
Status: in_force

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.
Cal. CCP § 1297.174 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.174
Section 1297.174
Status: in_force

(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.
Cal. CCP § 1297.14 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.14
Section 1297.14
Status: in_force

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.
Cal. CCP § 1297.244 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 7 / Section 1297.244
Section 1297.244
Status: in_force

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.
Cal. CCP § 1297.371 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 4 / Section 1297.371
Section 1297.371
Status: in_force

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.
Cal. CCP § 1297.93 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 3 / Section 1297.93
Section 1297.93
Status: in_force

Measures which the court may grant in connection with a pending arbitration include, but are not limited to:

(a) An order of attachment issued to assure that the award to which applicant may be entitled is not rendered ineffectual by the dissipation of party assets.

(b) A preliminary injunction granted in order to protect trade secrets or to conserve goods which are the subject matter of the arbitral dispute.
Cal. CCP § 1297.112 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.112
Section 1297.112
Status: in_force

Subject to Sections 1297.115 and 1297.116, the parties may agree on a procedure for appointing the arbitral tribunal.
Cal. CCP § 1297.412 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 8 / Section 1297.412
Section 1297.412
Status: in_force

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.
Cal. CCP § 1297.323 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 5 / Section 1297.323
Section 1297.323
Status: in_force

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.
Cal. CCP § 1297.334 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.334
Section 1297.334
Status: in_force

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.
Cal. CCP § 1297.95 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 3 / Section 1297.95
Section 1297.95
Status: in_force

Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal’s findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim measures of relief shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceeding.
Cal. CCP § 1297.143 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 5 / Section 1297.143
Section 1297.143
Status: in_force

A decision of the superior court under Section 1297.142 is not subject to appeal.
Cal. CCP § 1297.191 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 2 / Section 1297.191
Section 1297.191
Status: in_force

Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
Cal. CCP § 1297.211 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 4 / Section 1297.211
Section 1297.211
Status: in_force

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.
Cal. CCP § 1297.318 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.318
Section 1297.318
Status: in_force

(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.
Cal. CCP § 1297.123 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 3 / Section 1297.123
Section 1297.123
Status: in_force

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.
Cal. CCP § 1297.332 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.332
Section 1297.332
Status: in_force

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.
Cal. CCP § 1297.51 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 5 / Section 1297.51
Section 1297.51
Status: in_force

In matters governed by this title, no court shall intervene except where so provided in this title, or applicable federal law.
Cal. CCP § 1297.132 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 4 / Section 1297.132
Section 1297.132
Status: in_force

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.
Cal. CCP § 1297.231 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 6 / Section 1297.231
Section 1297.231
Status: in_force

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.
Cal. CCP § 1297.351 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 2 / Section 1297.351
Section 1297.351
Status: in_force

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.
Cal. CCP § 1297.273 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 10 / Section 1297.273
Section 1297.273
Status: in_force

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.
Cal. CCP § 1297.391 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 6 / Section 1297.391
Section 1297.391
Status: in_force

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.
Cal. CCP § 1297.261 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 9 / Section 1297.261
Section 1297.261
Status: in_force

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.
Cal. CCP § 1297.393 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 6 / Section 1297.393
Section 1297.393
Status: in_force

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.
Cal. CCP § 1297.243 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 7 / Section 1297.243
Section 1297.243
Status: in_force

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.
Cal. CCP § 1297.281 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 1 / Section 1297.281
Section 1297.281
Status: in_force

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.
Cal. CCP § 1297.136 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 4 / Section 1297.136
Section 1297.136
Status: in_force

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.
Cal. CCP § 1297.42 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 4 / Section 1297.42
Section 1297.42
Status: in_force

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.
Cal. CCP § 1297.41 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 4 / Section 1297.41
Section 1297.41
Status: in_force

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.
Cal. CCP § 1297.90 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 3 / Section 1297.90
Section 1297.90
Status: in_force

It is not incompatible with an arbitration agreement for a party to request from a superior court, before or during arbitral proceedings, an interim measure of protection, or for the court to grant such a measure.
Cal. CCP § 1297.283 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 1 / Section 1297.283
Section 1297.283
Status: in_force

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.
Cal. CCP § 1297.131 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 4 / Section 1297.131
Section 1297.131
Status: in_force

The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final.
Cal. CCP § 1297.177 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.177
Section 1297.177
Status: in_force

(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.
Cal. CCP § 1297.186 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 1.5 / Section 1297.186
Section 1297.186
Status: in_force

(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.
Cal. CCP § 1297.188 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 1.5 / Section 1297.188
Section 1297.188
Status: in_force

(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.
Cal. CCP § 1297.172 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.172
Section 1297.172
Status: in_force

(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.
Cal. CCP § 1297.314 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.314
Section 1297.314
Status: in_force

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.
Cal. CCP § 1297.122 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 3 / Section 1297.122
Section 1297.122
Status: in_force

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.
Cal. CCP § 1297.24 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 2 / Section 1297.24
Section 1297.24
Status: in_force

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.
Cal. CCP § 1297.315 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.315
Section 1297.315
Status: in_force

After the arbitral award is made, a signed copy shall be delivered to each party.
Cal. CCP § 1297.13 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 1 / Section 1297.13
Section 1297.13
Status: in_force

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.
Cal. CCP § 1297.245 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 7 / Section 1297.245
Section 1297.245
Status: in_force

Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera.
Cal. CCP § 1297.262 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 9 / Section 1297.262
Section 1297.262
Status: in_force

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.
Cal. CCP § 1297.163 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.163
Section 1297.163
Status: in_force

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.
Cal. CCP § 1297.222 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 5 / Section 1297.222
Section 1297.222
Status: in_force

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.
Cal. CCP § 1297.166 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.166
Section 1297.166
Status: in_force

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.
Cal. CCP § 1297.253 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 8 / Section 1297.253
Section 1297.253
Status: in_force

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.
Cal. CCP § 1297.193 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 2 / Section 1297.193
Section 1297.193
Status: in_force

The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
Cal. CCP § 1297.311 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.311
Section 1297.311
Status: in_force

An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
Cal. CCP § 1297.336 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.336
Section 1297.336
Status: in_force

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.
Cal. CCP § 1297.337 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.337
Section 1297.337
Status: in_force

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.
Cal. CCP § 1297.301 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 3 / Section 1297.301
Section 1297.301
Status: in_force

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.
Cal. CCP § 1297.71 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 1 / Section 1297.71
Section 1297.71
Status: in_force

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.
Cal. CCP § 1297.114 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.114
Section 1297.114
Status: in_force

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.
Cal. CCP § 1297.116 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.116
Section 1297.116
Status: in_force

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.
Cal. CCP § 1297.421 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 9 / Section 1297.421
Section 1297.421
Status: in_force

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.
Cal. CCP § 1297.394 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 6 / Section 1297.394
Section 1297.394
Status: in_force

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.
Cal. CCP § 1297.331 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.331
Section 1297.331
Status: in_force

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.
Cal. CCP § 1297.432 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 10 / Section 1297.432
Section 1297.432
Status: in_force

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.
Cal. CCP § 1297.119 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.119
Section 1297.119
Status: in_force

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.
Cal. CCP § 1297.223 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 5 / Section 1297.223
Section 1297.223
Status: in_force

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.
Cal. CCP § 1297.187 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 1.5 / Section 1297.187
Section 1297.187
Status: in_force

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.
Cal. CCP § 1297.304 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 3 / Section 1297.304
Section 1297.304
Status: in_force

An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.
Cal. CCP § 1297.125 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 3 / Section 1297.125
Section 1297.125
Status: in_force

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.
Cal. CCP § 1297.33 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 3 / Section 1297.33
Section 1297.33
Status: in_force

This article does not apply to written communications in respect of court proceedings.
Cal. CCP § 1297.181 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 1 / Section 1297.181
Section 1297.181
Status: in_force

The parties shall be treated with equality and each party shall be given a full opportunity to present his or her case.
Cal. CCP § 1297.178 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.178
Section 1297.178
Status: in_force

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.
Cal. CCP § 1297.242 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 7 / Section 1297.242
Section 1297.242
Status: in_force

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.
Cal. CCP § 1297.171 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 2 / Section 1297.171
Section 1297.171
Status: in_force

(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.
Cal. CCP § 1297.162 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.162
Section 1297.162
Status: in_force

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.
Cal. CCP § 1297.317 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.317
Section 1297.317
Status: in_force

Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
Cal. CCP § 1297.232 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 6 / Section 1297.232
Section 1297.232
Status: in_force

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.
Cal. CCP § 1297.361 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 3 / Section 1297.361
Section 1297.361
Status: in_force

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.
Cal. CCP § 1297.316 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.316
Section 1297.316
Status: in_force

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.
Cal. CCP § 1297.224 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 5 / Section 1297.224
Section 1297.224
Status: in_force

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.
Cal. CCP § 1297.101 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 1 / Section 1297.101
Section 1297.101
Status: in_force

The parties may agree on the number of arbitrators. Otherwise, there shall be one arbitrator.
Cal. CCP § 1297.335 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 6 / Section 1297.335
Section 1297.335
Status: in_force

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.
Cal. CCP § 1297.20 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 1 / Article 2 / Section 1297.20
Section 1297.20
Status: in_force

(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.
Cal. CCP § 1297.189 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 1.5 / Section 1297.189
Section 1297.189
Status: in_force

The Supreme Court may issue rules implementing this article.
Cal. CCP § 1297.241 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 7 / Section 1297.241
Section 1297.241
Status: in_force

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.
Cal. CCP § 1297.341 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 1 / Section 1297.341
Section 1297.341
Status: in_force

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.
Cal. CCP § 1297.111 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 2 / Section 1297.111
Section 1297.111
Status: in_force

A person of any nationality may be an arbitrator.
Cal. CCP § 1297.202 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 3 / Section 1297.202
Section 1297.202
Status: in_force

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.
Cal. CCP § 1297.411 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 7 / Article 8 / Section 1297.411
Section 1297.411
Status: in_force

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.
Cal. CCP § 1297.91 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 3 / Section 1297.91
Section 1297.91
Status: in_force

A superior court shall have the same power to issue an interim measure of protection in relation to arbitration proceedings, irrespective of whether the place of arbitration is in California, as it has in relation to proceedings filed in the first instance in the superior courts.
Cal. CCP § 1297.313 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 4 / Section 1297.313
Section 1297.313
Status: in_force

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.
Cal. CCP § 1297.135 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 4 / Section 1297.135
Section 1297.135
Status: in_force

The decision of the superior court under Section 1297.134 is final and is not subject to appeal.
Cal. CCP § 1297.72 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 1 / Section 1297.72
Section 1297.72
Status: in_force

An arbitration agreement shall be in writing.
Cal. CCP § 1297.302 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 3 / Section 1297.302
Section 1297.302
Status: in_force

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.
Cal. CCP § 1297.201 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 3 / Section 1297.201
Section 1297.201
Status: in_force

The parties may agree on the place of arbitration.
Cal. CCP § 1297.124 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 3 / Section 1297.124
Section 1297.124
Status: in_force

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.
Cal. CCP § 1297.161 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 4 / Article 1 / Section 1297.161
Section 1297.161
Status: in_force

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.
Cal. CCP § 1297.251 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 8 / Section 1297.251
Section 1297.251
Status: in_force

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.
Cal. CCP § 1297.185 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 1.5 / Section 1297.185
Section 1297.185
Status: in_force

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.
Cal. CCP § 1297.94 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 3 / Section 1297.94
Section 1297.94
Status: in_force

In considering a request for interim relief, the court shall give preclusive effect to any and all findings of fact of the arbitral tribunal including the probable validity of the claim which is the subject of the award for interim relief and which the arbitral tribunal has previously granted in the proceeding in question, provided that such interim award is consistent with public policy.
Cal. CCP § 1297.203 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 5 / Article 3 / Section 1297.203
Section 1297.203
Status: in_force

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.
Cal. CCP § 1297.81 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 2 / Article 2 / Section 1297.81
Section 1297.81
Status: in_force

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.
Cal. CCP § 1297.121 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 3 / Article 3 / Section 1297.121
Section 1297.121
Status: in_force

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.
Cal. CCP § 1297.322 — California Code / Code ccp / Part 3 / Title 9.3 / Chapter 6 / Article 5 / Section 1297.322
Section 1297.322
Status: in_force

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.