ARTICLE 1. Rules Applicable to Substance of Dispute [1297.281. - 1297.285.]

Cal. Code of Civil Procedure - CCP 1.

in effect

Cal. Code of Civil Procedure - CCP § 1297.281. Section 1297.281.

The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.

Cal. Code of Civil Procedure - CCP § 1297.282. Section 1297.282.

Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.

Cal. Code of Civil Procedure - CCP § 1297.283. Section 1297.283.

Failing any designation of the law under Section 1297.282 by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.

Cal. Code of Civil Procedure - CCP § 1297.284. Section 1297.284.

The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorized it to do so.

Cal. Code of Civil Procedure - CCP § 1297.285. Section 1297.285.

In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026