When a party to an international commercial arbitration agreement as defined in this title commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the superior court for an order to stay the proceedings and to compel arbitration.
§ 1297.81.Application For Order to Stay Proceedings and Compel Arbitration
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration · Article 2. Stay of Proceedings · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.81 lets a party to an international commercial arbitration agreement move the superior court to stay litigation and compel arbitration when another party to the agreement instead files suit on a matter the arbitration agreement covers.
Full Text of § 1297.81
Plain-English Summary
This section addresses the party who tries to sidestep an arbitration agreement by suing in court instead. When someone bound by an international commercial arbitration agreement commences judicial proceedings seeking relief on a matter the agreement covers, any other party to that agreement can apply to the superior court for an order staying the lawsuit and compelling arbitration.
The remedy is framed as an application, not an automatic result -- a party has to ask the court for the stay and the order compelling arbitration. But once that application is made, Section 1297.82 removes most of the court's discretion over whether to grant it, so long as the request is timely.
Frequently Asked Questions
What can a party do if the other side sues instead of arbitrating?
Apply to the superior court for an order staying the lawsuit and compelling arbitration.
Does the stay happen automatically once a lawsuit is filed on an arbitrable matter?
No -- a party has to apply to the court for the stay and the order compelling arbitration.
What kind of dispute triggers this section?
One where a party to an international commercial arbitration agreement files suit seeking relief on a matter the agreement covers.
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: stay litigation compel international arbitration californiamotion to compel arbitration international