Added by Stats. 2024, Ch. 90, Sec. 2. (AB 1903) Effective January 1, 2025.
Article 2 - Interpretation
California Code of Civil Procedure — §§ 1297.20-1297.24
Sections (16)
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
For the purposes of this title:
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Where a provision of this title, except Article 1 (commencing with Section 1297.281) of Chapter 6, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Where this title, other than Article 8 (commencing with Section 1297. 251) of Chapter 5, Article 5 (commencing with Section 1297.321) of Chapter 6, or subdivision (a) of Section 1297.322, refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to that counterclaim.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
The parties may agree on the place of arbitration.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Notwithstanding Section 1297.201, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of documents, goods, or other property.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
The parties may agree upon the language or languages to be used in the arbitral proceedings.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or other communication by the arbitral tribunal.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
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.