No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.
§ 1288.4.Time For Serving and Filing Petition After Service of Award On Petitioner
Title 9. Arbitration · Chapter 4. Enforcement of the Award · Article 2. Limitations of Time · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1288.4 bars any petition under this chapter from being served and filed until at least 10 days have passed after service of the signed award on the petitioner, setting a floor to match the deadlines that follow it.
Full Text of § 1288.4
Plain-English Summary
Sections 1288 and 1288.2 fix how late a party can act; this section fixes how early. No petition to confirm, correct, or vacate an award may be served and filed until at least 10 days after a signed copy of the award was served on the petitioner.
The point is to give the losing side in an arbitration a short breathing period before the winning side can rush into court. It also dovetails with Section 1284, which lets a party ask the arbitrators themselves to correct an award within 10 days of service -- so this waiting period leaves room for that request to be made before anyone heads to court over the same award.
Frequently Asked Questions
Can a party go straight to court the day an arbitration award is served?
No. Section 1288.4 requires at least 10 days to pass after service of the signed award before any petition under this chapter may be served and filed.
Why does the law require a waiting period before filing a petition?
It gives the parties a short window in which a request to the arbitrators themselves to correct the award, available under Section 1284, can still be made before anyone turns to the court.
Does this 10-day floor shorten the 100-day deadline to vacate an award?
No. It works alongside that deadline, blocking petitions filed too soon rather than changing how much time a party ultimately has.
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: waiting period before filing arbitration petition10 days before petition to confirm award