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§ 1297.193.Power of Tribunal Under Section 1297.192

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 1297.193 confirms that the tribunal's power under Section 1297.192 to conduct the arbitration as it considers appropriate includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.

Full Text of § 1297.193

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The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.

Plain-English Summary

This section makes explicit a piece of the tribunal's default procedural authority that might otherwise be debated. The general power Section 1297.192 gives the tribunal -- to run the arbitration in the manner it thinks fit, absent a party agreement to the contrary -- specifically includes control over evidence.

That control covers four distinct evidentiary questions: whether evidence comes in at all (admissibility), whether it bears on the issues in dispute (relevance), whether it matters enough to be worth considering (materiality), and how much weight it deserves once admitted. Putting all four in the tribunal's hands avoids the kind of rigid, court-style evidentiary battles that can bog down litigation, letting the tribunal manage proof in whatever way fits the dispute in front of it.

Frequently Asked Questions

Does the tribunal decide what evidence gets admitted?

Yes -- its general procedural power under Section 1297.192 includes the power to determine admissibility of evidence.

What other evidentiary questions fall within the tribunal's power under this section?

Relevance, materiality, and the weight to give any evidence.

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 power over evidence california arbitrationadmissibility relevance weight arbitral evidence