Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
§ 1297.202.Place Determined By Tribunal Failing Agreement
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 3. Place of Arbitration · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.202 requires the arbitral tribunal to determine the place of arbitration, having regard to the circumstances of the case including the convenience of the parties, whenever the parties have not agreed on that place themselves under Section 1297.201.
Full Text of § 1297.202
Plain-English Summary
This section is the backstop for Section 1297.201's party-choice rule. When the parties never settle on a place of arbitration themselves, the tribunal fills that gap rather than letting the arbitration stall over an unresolved logistical question.
The tribunal does not pick a location arbitrarily, though. It has to have regard to the circumstances of the case, and the section singles out the convenience of the parties as one circumstance the tribunal must weigh -- travel burdens, where evidence and witnesses are located, and similar practical realities that would make one location more workable than another.
Frequently Asked Questions
What happens if the parties never agree on where the arbitration will be seated?
The tribunal determines the place of arbitration itself.
What must the tribunal consider when it makes that determination?
The circumstances of the case, including the convenience of the parties.
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 determines place of arbitration californiaconvenience of parties arbitration seat