CHAPTER 6. Making of Arbitral Award and Termination of Proceedings [1297.281. - 1297.337.]

Chapter 6 added by Stats. 1988, Ch. 23, Sec. 1.

§§ 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…