A party who knows that any provision of this title, or any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his or her objection to noncompliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to object.
§ 1297.41.Proceeding to Arbitration Without Timely Stating Objection
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 1. Application and Interpretation · Article 4. Waiver of Right to Object · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.41 deems a party to have waived the right to object when that party knows of noncompliance with this title or the arbitration agreement but proceeds with arbitration without timely raising the objection.
Full Text of § 1297.41
Plain-English Summary
Procedural irregularities during arbitration are not free passes to challenge the outcome later if a party sat on the problem when it first appeared. This section builds that principle into the title directly: a party who knows that some requirement of this title, or of the arbitration agreement itself, has not been met, but who goes ahead with the arbitration anyway without objecting, is deemed to have waived the right to object.
Timing matters here. The objection has to come without undue delay, or within whatever specific time limit applies if one is set for raising that kind of objection. A party who lets that window pass while continuing to participate cannot resurrect the objection afterward.
Frequently Asked Questions
What happens if a party notices a procedural problem but keeps participating in arbitration without objecting?
That party is deemed to have waived the right to object to the noncompliance later.
Is there a deadline for raising this kind of objection?
Yes. The objection must be raised without undue delay, or within whatever specific time limit applies to that objection if one is set.
Does this waiver rule apply to every requirement in this title?
It applies to provisions the parties could otherwise agree to vary, as clarified by Section 1297.42.
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: waiver of objection arbitration procedure californiafailure to object arbitration noncompliance