It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation pursuant to Section 1297.13, to resolve disputes arising from such agreements or transactions through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to serve as the conciliator or conciliators who shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
§ 1297.341.Policy of State; Selection of Conciliators
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 1. Appointment of Conciliators · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.341 declares California's policy of encouraging parties to qualifying international commercial agreements to resolve disputes through conciliation, and allows the parties or an arbitral tribunal to select one or more independent, impartial conciliators to help reach an amicable settlement.
Full Text of § 1297.341
Plain-English Summary
Before getting into how conciliation works, this section says why it exists at all. California favors letting parties to a qualifying international commercial agreement or transaction settle their disputes through conciliation -- a process built around reaching an amicable settlement rather than through a binding decision imposed by an arbitrator or a judge.
To make that possible, the section gives the parties, or an arbitral tribunal or other third party the parties have authorized, the power to select one or more conciliators. Those conciliators serve independently and impartially, working to help the parties find their own resolution rather than deciding the dispute for them. That distinction -- facilitation instead of adjudication -- shapes everything the rest of this chapter builds on top of it.
Frequently Asked Questions
What is California's stated policy toward conciliation of international disputes?
To encourage parties to a qualifying international commercial agreement or transaction to resolve their disputes through conciliation.
Who selects the conciliator or conciliators?
The parties themselves, or an arbitral tribunal or other third party the parties have permitted to make the selection.
Does conciliation lead to a binding decision imposed by the conciliator?
No. The conciliator's role is to assist the parties, independently and impartially, in reaching their own amicable settlement, not to adjudicate the dispute.
Which agreements qualify for this conciliation process?
International commercial agreements or transactions that qualify for arbitration or conciliation under Section 1297.13.
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: international commercial conciliation california policyselecting a conciliator