The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs:
§ 1297.322.When Order For Termination Issued
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 6. Making of Arbitral Award and Termination of Proceedings · Article 5. Termination of Proceedings · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.322 requires the arbitral tribunal to issue an order terminating the proceedings when the claimant withdraws its claim without a valid objection, when the parties agree to terminate, or when the tribunal finds that continuing has become unnecessary or impossible for any other reason.
Full Text of § 1297.322
(a) The claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on the respondent's part in obtaining a final settlement of the dispute.
(b) The parties agree on the termination of the proceedings.
(c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
Plain-English Summary
Not every arbitration ends with a decision on the merits. This section covers the proceedings that wind down another way, and it gives the tribunal three triggers for issuing a formal termination order.
The first is withdrawal: the claimant drops its own claim. But the respondent gets a say here -- if it objects and the tribunal recognizes a legitimate interest in getting a final, binding resolution of the dispute, the case can continue despite the withdrawal. The second trigger is mutual agreement: the parties tell the tribunal together that they want the case closed. The third is a catch-all, letting the tribunal end things when continuing has become unnecessary or impossible for any reason not otherwise listed, such as the dispute becoming moot or a party disappearing from the process altogether.
Frequently Asked Questions
Can a claimant end the arbitration just by withdrawing its claim?
Usually, yes, but the respondent may object, and if the tribunal recognizes a legitimate interest in obtaining a final settlement, the case can proceed despite the withdrawal.
Do the parties need the tribunal's permission to end the case by agreement?
The parties can agree between themselves to terminate, and the tribunal then issues the termination order recognizing that agreement.
What if the dispute becomes moot for a reason not listed in this section?
The tribunal may still terminate the proceedings if it finds that continuing has for any other reason become unnecessary or impossible.
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: withdrawal of claim international arbitrationtribunal order terminating arbitration