Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address, and the communication is deemed to have been received on the day it is so delivered.
§ 1297.31.When Communication Deemed Received
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 1. Application and Interpretation · Article 3. Receipt of Written Communications · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.31 provides that, unless the parties agree otherwise, a written communication is deemed received on the day it is personally delivered to the addressee or delivered to a place of business, habitual residence, or mailing address.
Full Text of § 1297.31
Plain-English Summary
Arbitration procedure depends on knowing exactly when a notice or filing reaches the other side, and this section supplies the default rule for that question. Absent a different agreement between the parties, a written communication counts as received the day it is delivered -- either handed to the addressee personally, or delivered to the addressee's place of business, habitual residence, or mailing address.
Because the parties can agree to a different rule, this section only fills the gap when they have not addressed the question themselves, giving arbitration procedure a reliable default without locking every agreement into the same method.
Frequently Asked Questions
When is a written communication deemed received under this section?
On the day it is delivered personally to the addressee or delivered at the addressee's place of business, habitual residence, or mailing address.
Can the parties agree to a different rule for when communications are received?
Yes. Section 1297.31 applies only unless otherwise agreed by the parties.
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: ccp 1297.32when is written communication received arbitrationnotice delivery rule international arbitration