Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it.
§ 1297.253.Failure to Appear At Oral Hearing Or Produce Documentary Evidence
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 1297.253 lets the tribunal, unless the parties agreed otherwise, continue the proceedings and issue its award on the evidence already before it when a party without sufficient cause skips a hearing or fails to produce documentary evidence.
Full Text of § 1297.253
Plain-English Summary
Pleadings are one thing; showing up is another. This section addresses a party that has filed its statements but then fails to appear at an oral hearing or fails to produce documentary evidence, without a sufficient cause for either lapse. Unless the parties have agreed otherwise, the tribunal doesn't have to wait around -- it may continue with the proceedings and make its award based on whatever evidence is already in the record.
That flexibility keeps a disengaged party from freezing the case by staying away at key moments. The tribunal isn't required to draw any particular inference from the absence, but it also isn't required to postpone or reopen the case to accommodate a party who had a fair chance to appear or produce evidence and didn't take it.
Frequently Asked Questions
What happens if a party skips a scheduled hearing without a good reason?
Unless the parties agreed otherwise, the tribunal may continue with the proceedings and make the arbitral award based on the evidence already before it.
Does the same rule apply if a party just withholds documentary evidence?
Yes. Section 1297.253 covers a failure to appear at a hearing and a failure to produce documentary evidence in the same way.
Can a party avoid this consequence by showing a good reason for missing the hearing?
Yes. The rule applies only where the failure occurs without showing sufficient cause; a legitimate excuse takes the case outside this section.
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: party fails to appear at arbitration hearingaward on evidence before tribunal default