For purposes of Section 1297.41, "any provision of this title" means any provision of this title in respect of which the parties may otherwise agree.
§ 1297.42.Any Provision of This Title Defined
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 1297.42 clarifies that the waiver rule in Section 1297.41 covers only those provisions of this title that the parties would otherwise be free to vary by their own agreement.
Full Text of § 1297.42
Plain-English Summary
Section 1297.41's waiver rule could be read to reach every provision of this title, but this section narrows that reach. For purposes of that waiver rule, "any provision of this title" means only a provision the parties are otherwise free to agree around.
Provisions the parties cannot vary by agreement -- the title's mandatory rules -- fall outside this waiver mechanism entirely. A party's silence in the face of noncompliance with one of those mandatory rules does not carry the same consequence, since the waiver rule was built for default provisions the parties could have changed, not for rules the title insists on regardless of the parties' wishes.
Frequently Asked Questions
Does the waiver rule in Section 1297.41 apply to every provision of this title?
No. It applies only to provisions the parties could otherwise agree to vary, as this section defines the term.
What about provisions the parties cannot change by agreement?
Those mandatory provisions fall outside the scope of "any provision of this title" as used in the waiver rule.
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: mandatory vs default provisions arbitration titlescope of waiver rule international arbitration