An "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
§ 1297.71.Arbitration Agreement Defined
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration · Article 1. Definition and Form of Arbitration Agreements · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.71 defines an “arbitration agreement” as the parties' agreement to submit existing or future disputes arising from a defined legal relationship, contractual or not, to arbitration, whether written as a clause inside a larger contract or as a separate standalone agreement.
Full Text of § 1297.71
Plain-English Summary
Everything in this title rests on this one definition. An arbitration agreement is a promise between parties to send their disputes to arbitration instead of to a court. That promise can cover a dispute that has already broken out, or disputes that have not happened yet but might, so long as they arise from a legal relationship the parties have identified in advance.
That relationship does not have to be a contract. The definition reaches disputes tied to any defined legal relationship, contractual or not, which lets the arbitration agreement cover statutory claims, tort claims, or other disputes connected to the parties' dealings, not just breach-of-contract fights. And the agreement itself can take either of two shapes: a clause tucked inside a broader contract governing the whole relationship, or a freestanding agreement whose entire subject is arbitration. Either form counts equally.
Frequently Asked Questions
Does an arbitration agreement have to cover a dispute that already exists?
No -- it can cover disputes that have already arisen or disputes that may arise later, so long as they stem from a defined legal relationship.
Must the underlying relationship between the parties be a contract?
No -- the relationship can be contractual or noncontractual, as long as it is defined.
Can an arbitration agreement be its own standalone document?
Yes -- it can be a clause within a larger contract or a separate agreement devoted entirely to arbitration.
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
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