Where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement.
§ 1297.23.Reference to Agreement to Include Rules Referred to In Agreement
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 1. Application and Interpretation · Article 2. Interpretation · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.23 provides that whenever this title refers to an agreement between the parties, that agreement is deemed to include any arbitration or conciliation rules the agreement itself refers to.
Full Text of § 1297.23
Plain-English Summary
Parties to international commercial contracts often do not write out every procedural detail themselves; instead, they adopt an existing set of institutional arbitration or conciliation rules by reference. This section makes sure that shortcut counts as part of the parties' agreement wherever this title talks about what the parties have agreed or may agree.
So when a provision elsewhere in this title turns on the parties' agreement, it reaches not just the words they wrote directly, but also whatever rules -- from an arbitral institution, for instance -- their contract incorporates by reference.
Frequently Asked Questions
If a contract adopts an institution's arbitration rules by reference, do those rules count as part of the parties' agreement under this title?
Yes. Section 1297.23 deems any arbitration or conciliation rules referred to in the agreement to be included in that agreement.
Why does this matter for provisions elsewhere in the title?
Because many provisions turn on what the parties agreed, and this section ensures incorporated procedural rules are treated as part of that agreement rather than left out.
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: incorporated arbitration rules agreement californiainstitutional rules by reference international arbitration