Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the claimant's allegations.
§ 1297.252.Failure of Respondent to Communicate Statement of Defense
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 8. Default of a Party · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.252 requires the tribunal, unless the parties agreed otherwise, to continue the proceedings when the respondent fails without sufficient cause to submit its statement of defense, without treating that silence as an admission of the claimant's allegations.
Full Text of § 1297.252
Plain-English Summary
A respondent who goes silent doesn't get to stop the case, but the law also doesn't punish that silence by treating it as a confession. Unless the parties have agreed otherwise, if the respondent fails without sufficient cause to communicate its statement of defense as Sections 1297.231 and 1297.232 require, the tribunal continues the proceedings rather than terminating them.
Crucially, the section specifies what that continuation does not mean: the failure itself is not treated as an admission of the claimant's allegations. The claimant still has to prove its case on the merits, even against a respondent who never answered. That protects against a claimant winning by default only because the other side stopped participating, and it keeps the tribunal's eventual award grounded in evidence rather than an assumed concession.
Frequently Asked Questions
Does the arbitration end if the respondent never files a statement of defense?
No. Unless the parties agreed otherwise, the tribunal continues the proceedings rather than terminating them.
Does the respondent's silence count as agreeing with the claimant's allegations?
No. Section 1297.252 specifically provides that the failure is not treated as an admission of the claimant's allegations.
So does the claimant automatically win if the respondent defaults?
No. Because the failure isn't an admission, the claimant still must establish its claim on the evidence before the tribunal.
How does this differ from a claimant's default under Section 1297.251?
A claimant's failure to state a claim leads to termination of the case; a respondent's failure to answer leads instead to the case continuing without any presumption in the claimant's favor.
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: respondent fails to file statement of defensedefault not an admission arbitration california