A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.
§ 1281.Generally
Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1281 makes a written agreement to arbitrate an existing or future controversy valid, enforceable, and irrevocable, subject only to whatever grounds would justify revoking any ordinary contract.
Full Text of § 1281
Plain-English Summary
This is the cornerstone provision of California's arbitration law. A written agreement to submit a controversy to arbitration -- whether that controversy already exists or will arise later -- is treated as valid, enforceable, and irrevocable. Parties can't change their minds and walk away from an arbitration clause once they've signed it.
That enforceability isn't absolute, though. The section preserves whatever grounds exist for revoking any contract -- fraud, duress, unconscionability, and the like. An arbitration clause stands or falls the same way the rest of the contract around it would, giving courts the tool they need to police unfair agreements without treating arbitration clauses as somehow more fragile than other contract terms.
Frequently Asked Questions
Are arbitration agreements enforceable in California?
Yes. Section 1281 makes a written agreement to arbitrate valid, enforceable, and irrevocable.
Can an arbitration agreement be challenged like any other contract?
Yes. It can be challenged on any ground that would justify revoking an ordinary contract, such as fraud or unconscionability.
Does it matter whether the dispute already exists or arises later?
No. Section 1281 covers agreements to arbitrate an existing controversy and agreements to arbitrate a controversy that arises in the future.
Amendment History
Repealed and added by Stats. 1961, Ch. 461.
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: arbitration agreements enforceable californiarevocation grounds arbitration agreementcalifornia arbitration act core provision