BlackletterCalifornia law

TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11. - 1297.432.]

Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1.

§§ 1297.11–1297.432 · 156 sections

  1. CHAPTER 1. Application and Interpretation §§ 1297.11–1297.61 · 19 sections
    1. ARTICLE 1. Scope of Application §§ 1297.11–1297.17 · 7 sections
      • § 1297.11 This title applies to international commercial arbitration and conciliation, subject to any agreement which is in force between the United States and any other…
      • § 1297.12 This title, except Article 2 (commencing with Section 1297.81) of Chapter 2 and Article 3 (commencing with Section 1297.90) of Chapter 2, applies only if the…
      • § 1297.13 An arbitration or conciliation agreement is international if any of the following applies: (a) The parties to an arbitration or conciliation agreement have, at…
      • § 1297.14 For the purposes of Section 1297.13, if a party has more than one place of business, the place of business is that which has the closest relationship to the…
      • § 1297.15 For the purposes of Section 1297.13, the states of the United States, including the District of Columbia, shall be considered one state.
      • § 1297.16 An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature including, but not limited to, any of the…
      • § 1297.17 This title shall not affect any other law in force in California by virtue of which certain disputes may not be submitted to arbitration or may be submitted to…
    2. ARTICLE 2. Interpretation §§ 1297.20–1297.24 · 5 sections
      • § 1297.20 (a) In the application of this title, regard is to be had to its international origin and to the need to promote uniformity in its application and the…
      • § 1297.21 For the purposes of this title: (a) “Arbitral award” means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes…
      • § 1297.22 Where a provision of this title, except Article 1 (commencing with Section 1297.281) of Chapter 6, leaves the parties free to determine a certain issue, such…
      • § 1297.23 Where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the…
      • § 1297.24 Where this title, other than Article 8 (commencing with Section 1297. 251) of Chapter 5, Article 5 (commencing with Section 1297.321) of Chapter 6, or…
    3. ARTICLE 3. Receipt of Written Communications §§ 1297.31–1297.33 · 3 sections
      • § 1297.31 Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if it is…
      • § 1297.32 If none of the places referred to in Section 1297.31 can be found after making a reasonable inquiry, a written communication is deemed to have been received if…
      • § 1297.33 This article does not apply to written communications in respect of court proceedings.
    4. ARTICLE 4. Waiver of Right to Object §§ 1297.41–1297.42 · 2 sections
      • § 1297.41 A party who knows that any provision of this title, or any requirement under the arbitration agreement, has not been complied with and yet proceeds with the…
      • § 1297.42 For purposes of Section 1297.41, “any provision of this title” means any provision of this title in respect of which the parties may otherwise agree.
    5. ARTICLE 5. Extent of Judicial Intervention § 1297.51 · 1 section
      • § 1297.51 In matters governed by this title, no court shall intervene except where so provided in this title, or applicable federal law.
    6. ARTICLE 6. Functions § 1297.61 · 1 section
      • § 1297.61 The functions referred to in Sections 1297.114, 1297.115, 1297.116, 1297.134, 1297.135, 1297.136, 1297.165, 1297.166, and 1297.167 shall be perfo
  2. CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration §§ 1297.71–1297.95 · 11 sections
    1. ARTICLE 1. Definition and Form of Arbitration Agreements §§ 1297.71–1297.73 · 3 sections
      • § 1297.71 An “arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in…
      • § 1297.72 An arbitration agreement shall be in writing.
      • § 1297.73 (a) An arbitration agreement is in writing if its content is recorded in any form, including, but not limited to, in a document signed by the parties or in an…
    2. ARTICLE 2. Stay of Proceedings §§ 1297.81–1297.82 · 2 sections
      • § 1297.81 When a party to an international commercial arbitration agreement as defined in this title commences judicial proceedings seeking relief with respect to a…
      • § 1297.82 A timely request for a stay of judicial proceedings made under Section 1297.81 shall be granted.
    3. ARTICLE 3. Court-Ordered Interim Measures §§ 1297.90–1297.95 · 6 sections
      • § 1297.90 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…
      • § 1297.91 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…
      • § 1297.92 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…
      • § 1297.93 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…
      • § 1297.94 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…
      • § 1297.95 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…
  3. CHAPTER 3. Composition of Arbitral Tribunals §§ 1297.101–1297.154 · 29 sections
    1. ARTICLE 1. Number of Arbitrators § 1297.101 · 1 section
      • § 1297.101 The parties may agree on the number of arbitrators. Otherwise, there shall be one arbitrator.
    2. ARTICLE 2. Appointment of Arbitrators §§ 1297.111–1297.119 · 9 sections
      • § 1297.111 A person of any nationality may be an arbitrator.
      • § 1297.112 Subject to Sections 1297.115 and 1297.116, the parties may agree on a procedure for appointing the arbitral tribunal.
      • § 1297.113 Failing such agreement referred to in Section 1297.112, in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and…
      • § 1297.114 If the appointment procedure in Section 1297.113 applies and either a party fails to appoint an arbitrator within 30 days after receipt of a request to do so…
      • § 1297.115 Failing any agreement referred to in Section 1297.112, in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, the…
      • § 1297.116 The superior court, upon the request of a party, may take the necessary measures, unless the agreement on the appointment procedure provides other means for…
      • § 1297.117 A decision on a matter entrusted to the superior court pursuant to Sections 1297.114, 127.115, and 1297.116 is final and is not subject to appeal.
      • § 1297.118 The superior court, in appointing an arbitrator, shall have due regard to all of the following: (a) Any qualifications required of the arbitrator by the…
      • § 1297.119 An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract. The immunity…
    3. ARTICLE 3. Grounds for Challenge §§ 1297.121–1297.125 · 5 sections
      • § 1297.121 Except as otherwise provided in this title, all persons whose names have been submitted for consideration for appointment or designation as arbitrators or…
      • § 1297.122 The obligation to disclose information set forth in Section 1297.121 is mandatory and cannot be waived as to the parties with respect to persons serving either…
      • § 1297.123 From the time of appointment and throughout the arbitral proceedings, an arbitrator, shall, without delay, disclose to the parties any circumstances referred…
      • § 1297.124 Unless otherwise agreed by the parties or the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to…
      • § 1297.125 A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after the…
    4. ARTICLE 4. Challenge Procedure §§ 1297.131–1297.136 · 6 sections
      • § 1297.131 The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final.
      • § 1297.132 Failing any agreement referred to in Section 1297.131, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the…
      • § 1297.133 Unless the arbitrator challenged under Section 1297.132 withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal…
      • § 1297.134 If a challenge following the procedure under Section 1297.133 is not successful, the challenging party may request the superior court, within 30 days after…
      • § 1297.135 The decision of the superior court under Section 1297.134 is final and is not subject to appeal.
      • § 1297.136 While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and…
    5. ARTICLE 5. Failure or Impossibility to Act §§ 1297.141–1297.144 · 4 sections
      • § 1297.141 The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without…
      • § 1297.142 If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the termination of…
      • § 1297.143 A decision of the superior court under Section 1297.142 is not subject to appeal.
      • § 1297.144 If, under this section or Section 1297.132, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does…
    6. ARTICLE 6. Termination of Mandate and Substitution of Arbitrators §§ 1297.151–1297.154 · 4 sections
      • § 1297.151 In addition to the circumstances referred to under Article 4 (commencing with Section 1297.131) and Article 5 (commencing with Section 1297.141) of this…
      • § 1297.152 Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the…
      • § 1297.153 Unless otherwise agreed by the parties: (a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated. (b) Where an…
      • § 1297.154 Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not…
  4. CHAPTER 4. Jurisdiction of Arbitral Tribunals §§ 1297.161–1297.180 · 17 sections
    1. ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction §§ 1297.161–1297.167 · 7 sections
      • § 1297.161 The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration…
      • § 1297.162 A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a party is not…
      • § 1297.163 A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority…
      • § 1297.164 The arbitral tribunal may, in either of the cases referred to in Sections 1297.162 and 1297.163, admit a later plea if it considers the delay justified.
      • § 1297.165 The arbitral tribunal may rule on a plea referred to in Sections 1297.162 and 1297.163 either as a preliminary question or in an award on the merits.
      • § 1297.166 If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having…
      • § 1297.167 While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award.
    2. ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals §§ 1297.171–1297.180 · 10 sections
      • § 1297.171 (a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures of protection. (b) An interim measure…
      • § 1297.172 (a) The party requesting an interim measure under paragraph (1), (2), or (3) of subdivision (b) of Section 1297.171 shall satisfy the arbitral tribunal that…
      • § 1297.173 (a) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application…
      • § 1297.174 (a) Immediately after the arbitral tribunal has made a determination with respect to an application for a preliminary order, the arbitral tribunal shall give…
      • § 1297.175 The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party, or in…
      • § 1297.176 (a) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (b) The arbitral…
      • § 1297.177 (a) The arbitral tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the measure was requested…
      • § 1297.178 The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any…
      • § 1297.179 (a) An interim measure issued by an arbitral tribunal shall be recognized as final and binding, and, unless otherwise provided by the arbitral tribunal, may be…
      • § 1297.180 (a) Recognition or enforcement of an interim measure may be refused only: (1) At the request of the party against whom it is invoked if the court is satisfied…
  5. CHAPTER 5. Manner and Conduct of Arbitration §§ 1297.181–1297.273 · 33 sections
    1. ARTICLE 1. Equal Treatment of Parties § 1297.181 · 1 section
      • § 1297.181 The parties shall be treated with equality and each party shall be given a full opportunity to present his or her case.
    2. ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys §§ 1297.185–1297.189 · 5 sections
      • § 1297.185 For purposes of this article, a “qualified attorney” means an individual who is not admitted to practice law in this state but is all of the following: (a)…
      • § 1297.186 (a) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, a qualified attorney may provide legal services in an…
      • § 1297.187 A qualified attorney rendering legal services pursuant to this article shall not appear in a court of this state unless he or she has applied for and received…
      • § 1297.188 (a) A qualified attorney rendering legal services pursuant to this article is subject to the jurisdiction of the courts and disciplinary authority of this…
      • § 1297.189 The Supreme Court may issue rules implementing this article.
    3. ARTICLE 2. Determination of Rules of Procedure §§ 1297.191–1297.193 · 3 sections
      • § 1297.191 Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
      • § 1297.192 Failing any agreement referred to in Section 1297.191, the arbitral tribunal may, subject to this title, conduct the arbitration in the manner it considers…
      • § 1297.193 The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
    4. ARTICLE 3. Place of Arbitration §§ 1297.201–1297.203 · 3 sections
      • § 1297.201 The parties may agree on the place of arbitration.
      • § 1297.202 Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances…
      • § 1297.203 Notwithstanding Section 1297.201, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for…
    5. ARTICLE 4. Commencement of Arbitral Proceedings § 1297.211 · 1 section
      • § 1297.211 Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to…
    6. ARTICLE 5. Language §§ 1297.221–1297.224 · 4 sections
      • § 1297.221 The parties may agree upon the language or languages to be used in the arbitral proceedings.
      • § 1297.222 Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
      • § 1297.223 The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or…
      • § 1297.224 The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties…
    7. ARTICLE 6. Statements of Claim and Defense §§ 1297.231–1297.233 · 3 sections
      • § 1297.231 Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim,…
      • § 1297.232 The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will…
      • § 1297.233 Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless…
    8. ARTICLE 7. Hearings and Written Proceedings §§ 1297.241–1297.245 · 5 sections
      • § 1297.241 Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument,…
      • § 1297.242 Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the proceedings,…
      • § 1297.243 The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents,…
      • § 1297.244 All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other…
      • § 1297.245 Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera.
    9. ARTICLE 8. Default of a Party §§ 1297.251–1297.253 · 3 sections
      • § 1297.251 Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate his or her statement of claim in accordance…
      • § 1297.252 Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in…
      • § 1297.253 Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence,…
    10. ARTICLE 9. Expert Appointed by Arbitral Tribunal §§ 1297.261–1297.262 · 2 sections
      • § 1297.261 Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the…
      • § 1297.262 Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or…
    11. ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations §§ 1297.271–1297.273 · 3 sections
      • § 1297.271 The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the superior court assistance in taking evidence and the court…
      • § 1297.272 Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations…
      • § 1297.273 Nothing in this article shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any…
  6. CHAPTER 6. Making of Arbitral Award and Termination of Proceedings §§ 1297.281–1297.337 · 28 sections
    1. ARTICLE 1. Rules Applicable to Substance of Dispute §§ 1297.281–1297.285 · 5 sections
      • § 1297.281 The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.
      • § 1297.282 Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the…
      • § 1297.283 Failing any designation of the law under Section 1297.282 by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate…
      • § 1297.284 The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorized it to do so.
      • § 1297.285 In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to…
    2. ARTICLE 2. Decisionmaking by Panel of Arbitrators § 1297.291 · 1 section
      • § 1297.291 Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a…
    3. ARTICLE 3. Settlement §§ 1297.301–1297.304 · 4 sections
      • § 1297.301 It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties,…
      • § 1297.302 If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not…
      • § 1297.303 An arbitral award on agreed terms shall be made in accordance with Article 4 (commencing with Section 1297.311) of this chapter and shall state that it is an…
      • § 1297.304 An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.
    4. ARTICLE 4. Form and Content of Arbitral Award §§ 1297.311–1297.318 · 8 sections
      • § 1297.311 An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
      • § 1297.312 For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral…
      • § 1297.313 The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an arbitral…
      • § 1297.314 The arbitral award shall state its date and the place of arbitration as determined in accordance with Article 3 (commencing with Section 1297.201) of Chapter 5…
      • § 1297.315 After the arbitral award is made, a signed copy shall be delivered to each party.
      • § 1297.316 The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final…
      • § 1297.317 Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
      • § 1297.318 (a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an order for costs,…
    5. ARTICLE 5. Termination of Proceedings §§ 1297.321–1297.323 · 3 sections
      • § 1297.321 The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be final…
      • § 1297.322 The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs: (a) The claimant withdraws his or…
      • § 1297.323 Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral…
    6. ARTICLE 6. Correction and Interpretation of Awards and Additional Awards §§ 1297.331–1297.337 · 7 sections
      • § 1297.331 Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) A party may request the arbitral…
      • § 1297.332 If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30…
      • § 1297.333 The arbitral tribunal may correct any error of the type referred to in subdivision (a) of Section 1297.331, on its own initiative, within 30 days after the…
      • § 1297.334 Unless otherwise agreed by the parties, a party may request, within 30 days after receipt of the arbitral award, the arbitral tribunal to make an additional…
      • § 1297.335 If the arbitral tribunal considers any request made under Section 1297.334 to be justified, it shall make the additional arbitral award within 60 days after…
      • § 1297.336 The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation, or make an additional…
      • § 1297.337 Article 4 (commencing with Section 1297.311) of this chapter applies to a correction or interpretation of the arbitral award or to an additional arbitral award…
  7. CHAPTER 7. Conciliation §§ 1297.341–1297.432 · 19 sections
    1. ARTICLE 1. Appointment of Conciliators §§ 1297.341–1297.343 · 3 sections
      • § 1297.341 It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or…
      • § 1297.342 The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights…
      • § 1297.343 The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances…
    2. ARTICLE 2. Representation and Assistance § 1297.351 · 1 section
      • § 1297.351 The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be a member…
    3. ARTICLE 3. Report of Conciliators §§ 1297.361–1297.362 · 2 sections
      • § 1297.361 At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and…
      • § 1297.362 No party may be required to accept any settlement proposed by the conciliator or conciliators.
    4. ARTICLE 4. Confidentiality § 1297.371 · 1 section
      • § 1297.371 When persons agree to participate in conciliation under this title: (a) Evidence of anything said or of any admission made in the course of the conciliation is…
    5. ARTICLE 5. Stay of Arbitration and Resort to Other Proceedings §§ 1297.381–1297.382 · 2 sections
      • § 1297.381 The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral…
      • § 1297.382 All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate…
    6. ARTICLE 6. Termination §§ 1297.391–1297.394 · 4 sections
      • § 1297.391 The conciliation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the conciliator or conciliators, after…
      • § 1297.392 The conciliation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other party and…
      • § 1297.393 No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute unless…
      • § 1297.394 By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been…
    7. ARTICLE 7. Enforceability of Decree § 1297.401 · 1 section
      • § 1297.401 If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators…
    8. ARTICLE 8. Costs §§ 1297.411–1297.412 · 2 sections
      • § 1297.411 Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. As…
      • § 1297.412 These costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a…
    9. ARTICLE 9. Effect on Jurisdiction § 1297.421 · 1 section
      • § 1297.421 Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in such proceedings, nor the entering into…
    10. ARTICLE 10. Immunity of Conciliators and Parties §§ 1297.431–1297.432 · 2 sections
      • § 1297.431 Neither the conciliator or conciliators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are…
      • § 1297.432 No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of his or her role as…