Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials.
§ 1297.241.Tribunal to Decide
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 7. Hearings and Written Proceedings · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.241 leaves it to the arbitral tribunal, unless the parties have agreed otherwise, to decide whether the case proceeds through oral hearings for evidence and argument, or entirely on the basis of documents and other written materials.
Full Text of § 1297.241
Plain-English Summary
Not every arbitration needs a hearing room. Some disputes are better resolved on the papers, and this section puts that choice in the tribunal's hands by default. Unless the parties have agreed otherwise, the tribunal decides whether to hold oral hearings for presenting evidence or argument, or to run the proceedings on documents and other materials alone.
That default gives the tribunal room to match the process to the dispute -- a document-heavy commercial claim might resolve efficiently without live testimony, while a case turning on credibility may call for hearings. The next section limits that discretion somewhat by giving a party the right to insist on a hearing if it asks for one.
Frequently Asked Questions
Who decides whether an international arbitration will have oral hearings?
The arbitral tribunal, unless the parties have agreed otherwise.
Can an arbitration proceed entirely on documents with no hearing at all?
Yes, if the tribunal decides that approach is appropriate and the parties haven't agreed to require hearings, subject to a party's right under Section 1297.242 to request one.
Can the parties take this decision away from the tribunal?
Yes. The parties may agree on whether oral hearings will be held, and that agreement controls instead of the tribunal's default discretion.
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
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