The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an arbitral award on agreed terms under Article 3 (commencing with Section 1297.301) of this chapter.
§ 1297.313.Award to State Reasons Upon Which Award Based, Exception
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 6. Making of Arbitral Award and Termination of Proceedings · Article 4. Form and Content of Arbitral Award · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.313 requires the arbitral award to state the reasons it rests on, unless the parties agreed no reasons need be given or the award is an arbitral award on agreed terms recording a settlement.
Full Text of § 1297.313
Plain-English Summary
An award that just announces a result without explaining it leaves the losing party, and any court later asked to enforce or review it, with little to go on. This section addresses that by requiring the arbitral award to state the reasons upon which it is based.
Two exceptions relieve the tribunal of that duty. The parties may agree in advance that no reasons need be given, opting for a bare result instead of a reasoned opinion. And an award on agreed terms recording a settlement under Article 3 doesn't need reasons either, since that kind of award only reflects what the parties themselves worked out rather than a contested decision the tribunal had to justify.
Frequently Asked Questions
Must an arbitral award explain the reasoning behind the result?
Yes, unless the parties have agreed that no reasons are to be given, or the award is an arbitral award on agreed terms.
Can the parties agree in advance to skip reasoned awards?
Yes. Section 1297.313 lets the parties agree that no reasons are to be given.
Why don't settlement-based awards need to state reasons?
Because an award on agreed terms under Article 3 only records what the parties themselves settled on, rather than a contested outcome the tribunal has to justify.
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: reasoned arbitral award requirement californiawaiving reasons in arbitration award