A timely request for a stay of judicial proceedings made under Section 1297.81 shall be granted.
§ 1297.82.Timely Request Granted
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 1297.82 requires the superior court to grant a timely request for a stay of judicial proceedings made under Section 1297.81, leaving the court with no discretion to deny a properly and promptly made request.
Full Text of § 1297.82
Plain-English Summary
This one-sentence section takes the discretion out of the stay decision Section 1297.81 sets up. A timely request for a stay made under that section “shall be granted” -- mandatory language that leaves the court no room to weigh convenience, deny the stay as a matter of case management, or otherwise second-guess whether arbitration should proceed once a valid, timely request is on the table.
The one word doing the real work here is “timely.” A party who sits on its rights and litigates for a while before asking for a stay risks losing the benefit of this mandatory rule, since a late request is not the timely request the section requires.
Frequently Asked Questions
Does the court have discretion to deny a timely stay request under Section 1297.81?
No -- Section 1297.82 requires the court to grant a timely request.
What happens if a party delays before asking for the stay?
The mandatory-grant rule applies only to a timely request; an untimely one falls outside the section's guarantee.
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 stay international arbitration californiatimely request stay arbitration