Where this title, other than Article 8 (commencing with Section 1297. 251) of Chapter 5, Article 5 (commencing with Section 1297.321) of Chapter 6, or subdivision (a) of Section 1297.322, refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to that counterclaim.
§ 1297.24.Reference to Claim Applies to Counterclaim
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 1297.24 extends this title's references to a claim so they also cover a counterclaim, and its references to a defense so they also cover a defense to that counterclaim, subject to a few listed exceptions.
Full Text of § 1297.24
Plain-English Summary
Counterclaims come up constantly in arbitration, and this section makes sure the title's language does not have to repeat itself every time. Wherever this title refers to a claim, that reference automatically reaches a counterclaim too, and wherever it refers to a defense, that reaches a defense raised against a counterclaim.
A short list of provisions sits outside that automatic extension: a specific article in Chapter 5 dealing with claims, a specific article in Chapter 6, and one subdivision of Section 1297.322. Those provisions treat claims and counterclaims according to their own separate terms rather than through this section's general rule.
Frequently Asked Questions
Does a provision about "claims" in this title also apply to counterclaims?
Yes, generally. Section 1297.24 extends references to a claim so they also cover a counterclaim, with a few listed exceptions.
Does the same extension apply to defenses?
Yes. A reference to a defense also applies to a defense raised against a counterclaim.
Are there provisions where this claim-counterclaim extension does not apply?
Yes. Article 8 of Chapter 5, Article 5 of Chapter 6, and subdivision (a) of Section 1297.322 are excluded from this section's general rule.
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: counterclaim rules international arbitration californiaclaim includes counterclaim arbitration title