Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
§ 1297.191.Parties May Agree On Procedure
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 2. Determination of Rules of Procedure · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.191 lets the parties to an arbitration agree on the procedure the tribunal will follow in conducting the proceedings, subject to this title's own mandatory provisions.
Full Text of § 1297.191
Plain-English Summary
This section puts party autonomy first when it comes to how an arbitration is run. The parties can agree between themselves on the procedure the tribunal will follow -- how evidence comes in, how hearings are scheduled, what steps the case follows from start to finish.
That freedom operates within this title, not outside it. Where this title sets a mandatory rule -- like the equal-treatment guarantee in Section 1297.181 -- the parties' agreed procedure has to work within that boundary rather than override it. Within those limits, though, the parties get wide latitude to shape their own process.
Frequently Asked Questions
Can the parties design their own arbitration procedure?
Yes -- Section 1297.191 lets the parties agree on the procedure the tribunal follows.
Are there any limits on what the parties can agree to?
Yes -- their agreement operates subject to this title, so it cannot override this title's own mandatory requirements.
Amendment History
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
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: party agreed arbitration procedure californiaprocedural autonomy international arbitration