Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
§ 1297.231.Generally
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 6. Statements of Claim and Defense · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.231 requires the claimant, within the time the parties agreed on or the tribunal set, to state the facts behind the claim, the points in dispute, and the relief sought, and requires the respondent to answer those same particulars in a statement of defense.
Full Text of § 1297.231
Plain-English Summary
Every arbitration needs a starting document that tells the tribunal and the other side what the fight is about. This section supplies it. Within whatever time the parties agreed on, or the tribunal set if they didn't, the claimant must lay out the facts supporting the claim, identify the points truly in dispute, and specify the relief or remedy being sought. The respondent then answers those same particulars in a statement of defense.
The structure is deliberately open on the details. The parties can agree on their own required elements for these statements instead of the default the section describes, letting sophisticated commercial parties tailor the pleading stage to the kind of dispute they have. What doesn't change is the basic function: turning a general disagreement into a set of concrete claims and defenses the tribunal can decide on the merits.
Frequently Asked Questions
What must a claimant's statement of claim contain?
The facts supporting the claim, the points at issue, and the relief or remedy sought, unless the parties have agreed on different required elements.
What must the respondent do in return?
State a defense addressing those same particulars -- the facts, the points at issue, and the relief sought -- within the agreed or tribunal-set time period.
Can the parties change what these statements must include?
Yes. Section 1297.231 applies unless the parties have otherwise agreed as to the required elements of the statements.
What happens if the claimant never files a statement of claim?
Section 1297.251 directs the tribunal to terminate the proceedings if the claimant fails, without sufficient cause, to submit the statement of claim.
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: statement of claim international arbitration californiaarbitral statement of defense requirements