The court may not vacate an award unless:
§ 1286.4.Petition Or Response Required to Be Duly Served and Filed to Vacate Award
Title 9. Arbitration · Chapter 4. Enforcement of the Award · Article 1. Confirmation, Correction or Vacation of the Award · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1286.4 bars the court from vacating an award unless a petition or response requesting vacation has been duly served and filed, or, where only correction was requested, all parties are before the court or have received reasonable notice and an opportunity to show why the award should not be vacated.
Full Text of § 1286.4
(a) A petition or response requesting that the award be vacated has been duly served and filed; or
(b) A petition or response requesting that the award be corrected has been duly served and filed and;
(1) All petitioners and respondents are before the court; or
(2) All petitioners and respondents have been given reasonable notice that the court will be requested at the hearing to vacate the award or that the court on its own motion has determined to vacate the award and all petitioners and respondents have been given an opportunity to show why the award should not be vacated.
Plain-English Summary
This section is a procedural gate, not a substantive one -- it does not add reasons to vacate an award, it makes sure vacation cannot happen without fair warning. The ordinary path is plain: a petition or response specifically requesting that the award be vacated has to be duly served and filed.
The section also covers a trickier situation, where only a request to correct the award was served and filed, but the court ends up considering vacation instead -- whether because a party raises it at the hearing or the court raises it on its own motion. In that situation, vacation is still permitted, but only if all petitioners and respondents are already before the court, or all of them have been given reasonable notice that vacation will be considered and a genuine opportunity to show why the award should not be vacated. A party who only prepared to argue about correction cannot be blindsided by a vacation the court springs on them without notice.
Frequently Asked Questions
Can a court vacate an award if only correction was requested?
Yes, but only if all parties are already before the court, or all parties received reasonable notice that vacation would be considered and a chance to argue against it.
What is the baseline requirement for a court to vacate an award?
A petition or response specifically requesting that the award be vacated must have been duly served and filed.
Why does this section matter procedurally?
It prevents a party from being blindsided by vacation of the award when it only prepared to litigate a request for correction.
Amendment History
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: notice requirement vacate arbitration awardprocedural requirements vacate award california