Except as otherwise provided in this article, any petition made prior to the commencement of arbitration shall be filed in a court having jurisdiction in:
§ 1292.Place For Filing Petition Made Prior to Commencement of Arbitration
Title 9. Arbitration · Chapter 5. General Provisions Relating to Judicial Proceedings · Article 2. Venue, Jurisdiction and Costs · Last amended 1994 · Last verified July 29, 2026
In one sentenceSection 1292 sets venue for a petition filed before arbitration begins in the county where the agreement is to be performed or was made, falling back to a county where a party resides or does business, and ultimately to any county in the state.
Full Text of § 1292
(a) The county where the agreement is to be performed or was made.
(b) If the agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in this state, the county where any party to the court proceeding resides or has a place of business.
(c) In any case not covered by subdivision (a) or (b) of this section, in any county in this state.
Plain-English Summary
Before arbitration even starts, a party may need court help -- most commonly, an order compelling the other side to arbitrate. This section tells that party which county's courts can hear the petition, using a three-tier fallback structure.
The first choice is the county where the arbitration agreement is to be performed, or, if the agreement doesn't specify a performance location, the county where it was made. The second tier applies only when the agreement neither states a place of performance nor was made anywhere in California: in that situation, venue lies in the county where any party to the court proceeding resides or has a place of business. The third and broadest tier is a true catch-all -- if neither of the first two tiers fits the facts, the petition may be filed in any county in the state.
This venue structure applies only to petitions filed before arbitration commences; once arbitration is underway or finished, Section 1292.2 takes over instead.
Frequently Asked Questions
Where should a petition be filed before arbitration has begun?
In the county where the agreement is to be performed, or where it was made if no performance county is stated.
What if the agreement doesn't specify a county and wasn't made in California?
Venue then lies in the county where any party to the proceeding resides or has a place of business.
What if none of those categories fits the facts?
The petition may be filed in any county in the state, under the broad catch-all in subdivision (c).
Does this venue rule apply once arbitration has already started?
No. Section 1292.2 governs venue for petitions filed after arbitration has commenced or been completed.
Amendment History
Amended by Stats. 1993, Ch. 1261, Sec. 2. Effective January 1, 1994.
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: venue for arbitration petition californiawhere to file petition to compel arbitration