Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
§ 1297.222.Tribunal to Determine Language Failing Agreement
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 5. Language · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.222 requires the arbitral tribunal to determine the language or languages to be used in the arbitral proceedings whenever the parties have not agreed on that question themselves under Section 1297.221.
Full Text of § 1297.222
Plain-English Summary
This section fills the gap Section 1297.221 leaves open. If the parties never agree on the language of the proceedings, the choice does not stay unresolved -- the tribunal steps in and determines the language or languages to be used.
Unlike the place-of-arbitration provision, this section does not list specific factors the tribunal has to weigh in making that call. The tribunal has discretion to choose based on the arbitrators' own languages, the language of the underlying contract or dispute, the parties' backgrounds, or whatever else it considers relevant to running an efficient and fair proceeding.
Frequently Asked Questions
What happens if the parties can't agree on a language for the arbitration?
The tribunal determines the language or languages to be used.
Does this section limit the tribunal to a single language?
No -- the tribunal may determine the language or languages, allowing for more than one.
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 arbitration language californiadefault language arbitral proceedings