Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the proceedings, if so requested by a party.
§ 1297.242.Holding Oral Hearings If Requested
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 1297.242 requires the arbitral tribunal to hold an oral hearing at an appropriate stage of the case whenever a party requests one, unless the parties have already agreed that no oral hearings will be held at all.
Full Text of § 1297.242
Plain-English Summary
Section 1297.241 lets the tribunal choose between hearings and a paper record, but this section puts a floor under that discretion. Unless the parties have agreed that no oral hearings will happen, the tribunal must hold one at an appropriate stage of the proceedings if a party asks for it.
That guarantee protects a basic expectation most litigants bring into arbitration: a chance to present evidence and argument in person, not just on paper. The only way around it is a prior agreement between the parties themselves to forgo hearings entirely -- the tribunal alone cannot decide to deny a hearing once a party has requested one.
Frequently Asked Questions
Can the tribunal refuse to hold any hearing if a party asks for one?
Not unless the parties have already agreed that no oral hearings will be held. Otherwise the tribunal must hold a hearing at an appropriate stage when requested.
What counts as an 'appropriate stage' for the hearing?
The section leaves that judgment to the tribunal, which times the hearing to fit the proceedings rather than requiring it immediately upon request.
How does this section interact with Section 1297.241?
Section 1297.241 gives the tribunal default discretion over hearings versus a documents-only process; this section overrides that discretion once a party requests a hearing, absent a prior agreement to skip hearings altogether.
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: right to oral hearing arbitration californiaparty requests hearing international arbitration