RulesofCivilProcedure.com Civil Procedure · Every State

§ 1281.1.Request to Arbitrate Deemed Made Pursuant to Written Agreement

Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Enacted 2000 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1281.1 treats a request to arbitrate made under Section 1299.4(a) -- the medical malpractice arbitration statute -- as though it were made pursuant to a written agreement to arbitrate, bringing it within this article's enforcement framework.

Full Text of § 1281.1

Text size

For the purposes of this article, any request to arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be considered as made pursuant to a written agreement to submit a controversy to arbitration.

Plain-English Summary

Title 9.1 sets up a separate arbitration scheme for medical malpractice claims, built around § 1299.4 rather than a conventional bilateral arbitration clause. This section bridges the two schemes. For purposes of this article, a request to arbitrate made under § 1299.4(a) counts as though it arose from a written agreement to arbitrate a controversy.

That fiction matters because it lets the enforcement tools in this article -- petitions to compel, stays of litigation, arbitrator appointment procedures -- apply to medical malpractice arbitration requests even though the underlying request doesn't look like the ordinary two-sided arbitration clause this article was built around.

Frequently Asked Questions

Does this section create a new kind of arbitration request?

No. It takes a request already authorized under § 1299.4(a) and deems it made pursuant to a written arbitration agreement for purposes of this article.

How does this section relate to medical malpractice arbitration?

Section 1299.4(a), part of Title 9.1's medical malpractice arbitration scheme, lets a request to arbitrate be made in a specific way; § 1281.1 folds that request into this article's general enforcement machinery.

Amendment History

Added by Stats 2000 ch 906 (SB 402), s 1, eff. 1/1/2001.

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: medical malpractice arbitration request californiasection 1299.4 arbitration