Failing any agreement referred to in Section 1297.191, the arbitral tribunal may, subject to this title, conduct the arbitration in the manner it considers appropriate.
§ 1297.192.Arbitration Conducted In Manner Tribunal Considers Appropriate
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 1297.192 lets the arbitral tribunal conduct the arbitration in the manner it considers appropriate, subject to this title, whenever the parties have not agreed on their own procedure under Section 1297.191.
Full Text of § 1297.192
Plain-English Summary
This section supplies the backstop for Section 1297.191's invitation to the parties to set their own procedure. When the parties never reach that agreement, the gap does not stall the arbitration. The tribunal steps in and conducts the proceedings in whatever manner it considers appropriate.
That discretion is broad but not boundless -- it still operates subject to this title, meaning the tribunal's chosen manner of proceeding has to respect the title's own mandatory rules, including the equal-treatment guarantee that runs through the whole chapter. Section 1297.193 spells out one concrete piece of what this discretion includes: control over evidence.
Frequently Asked Questions
What happens if the parties never agree on a procedure for the arbitration?
The tribunal may conduct the arbitration in the manner it considers appropriate.
Is the tribunal's discretion under this section unlimited?
No -- it operates subject to this title, including the title's 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: tribunal discretion procedure arbitration californiadefault arbitration procedure absent agreement