As used in this title:
§ 1280.Definitions
Title 9. Arbitration · Chapter 1. General Provisions · Last amended 2020 · Last verified July 29, 2026
In one sentenceSection 1280 defines the core terms used throughout Title 9's arbitration statutes, including agreement, award, consumer, controversy, drafting party, employee, neutral arbitrator, party to the arbitration, and written agreement.
Full Text of § 1280
(a) "Agreement" includes, but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives.
(b) "Award" includes, but is not limited to, an award made pursuant to an agreement not in writing.
(c) "Consumer" means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.
(d) "Controversy" means any question arising between parties to an agreement whether the question is one of law or of fact or both.
(e) "Drafting party" means the company or business that included a predispute arbitration provision in a contract with a consumer or employee. The term includes any third party relying upon, or otherwise subject to the arbitration provision, other than the employee or consumer.
(f) "Employee" means any current employee, former employee, or applicant for employment. The term includes any person who is, was, or who claims to have been misclassified as an independent contractor or otherwise improperly placed into a category other than employee or applicant for employment.
(g) "Neutral arbitrator" means an arbitrator who is (1) selected jointly by the parties or by the arbitrators selected by the parties, or (2) appointed by the court when the parties or the arbitrators selected by the parties fail to select an arbitrator who was to be selected jointly by the parties.
(h) "Party to the arbitration" means a party to the arbitration agreement, including any of the following:
(1) A party who seeks to arbitrate a controversy pursuant to the agreement.
(2) A party against whom such arbitration is sought pursuant to the agreement.
(3) A party who is made a party to the arbitration by order of the neutral arbitrator upon that party's application, upon the application of any other party to the arbitration, or upon the neutral arbitrator's own determination.
(i) "Written agreement" includes a written agreement that has been extended or renewed by an oral or implied agreement.
Plain-English Summary
Every later section in the California Arbitration Act leans on the vocabulary this section sets. "Agreement" reaches beyond a simple contract clause to cover valuation and appraisal arrangements and agreements between employers and employees. "Award" covers even an award made under an unwritten agreement. "Controversy" is defined broadly as any question between parties to an agreement, whether it turns on law, fact, or both.
Several definitions matter most for the newer consumer- and employment-arbitration provisions later in this chapter. "Consumer" means someone acquiring goods or services for personal, family, or household use. "Employee" reaches current and former employees, job applicants, and even people misclassified as independent contractors. "Drafting party" identifies the company that put a predispute arbitration clause into a consumer or employment contract -- the party the fee-payment-default rules in §§ 1281.97 and 1281.98 hold accountable.
The section also defines who counts as a "neutral arbitrator" (one jointly selected or court-appointed, rather than chosen unilaterally by one side) and a "party to the arbitration" (which includes anyone brought in by the arbitrator's own order, not just the original signatories). A "written agreement" stays written even after it's been extended or renewed by an oral or implied understanding.
Frequently Asked Questions
What counts as a "controversy" under the California Arbitration Act?
Any question arising between parties to an agreement, whether it's a question of law, fact, or both, under § 1280(d).
Who is a "neutral arbitrator"?
An arbitrator selected jointly by the parties or by arbitrators the parties selected, or one appointed by the court when that joint selection fails.
What is a "drafting party," and why does the term matter?
The company that included a predispute arbitration provision in a consumer or employment contract. It matters because later sections, like §§ 1281.97 through 1281.99, place fee-payment obligations and sanctions specifically on the drafting party.
Does "employee" include job applicants and misclassified workers?
Yes. Section 1280(f) defines employee to include current and former employees, applicants for employment, and people who are, were, or claim to have been misclassified as independent contractors.
Amendment History
Amended by Stats 2019 ch 870 (SB 707),s 2, eff. 1/1/2020.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: california arbitration act definitionsneutral arbitrator defineddrafting party arbitration