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Code of Civil Procedure - CCP - CCP § 1297.222
Code of Civil Procedure - CCP - CCP § 1297.222
Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
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Code of Civil Procedure - CCP - CCP § 1297.223
Code of Civil Procedure - CCP - CCP § 1297.223
The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or other communication by the arbitral tribunal.
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Code of Civil Procedure - CCP - CCP § 1297.224
Code of Civil Procedure - CCP - CCP § 1297.224
The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
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Code of Civil Procedure - CCP - CCP § 1297.23
Code of Civil Procedure - CCP - CCP § 1297.23
Where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement.
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Code of Civil Procedure - CCP - CCP § 1297.231
Code of Civil Procedure - CCP - CCP § 1297.231
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these
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Code of Civil Procedure - CCP - CCP § 1297.232
Code of Civil Procedure - CCP - CCP § 1297.232
The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
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Code of Civil Procedure - CCP - CCP § 1297.233
Code of Civil Procedure - CCP - CCP § 1297.233
Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in makin
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Code of Civil Procedure - CCP - CCP § 1297.24
Code of Civil Procedure - CCP - CCP § 1297.24
Where this title, other than Article 8 (commencing with Section 1297. 251) of Chapter 5, Article 5 (commencing with Section 1297.321) of Chapter 6, or subdivision (a) of Section 1297.322, refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it a
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Code of Civil Procedure - CCP - CCP § 1297.241
Code of Civil Procedure - CCP - CCP § 1297.241
Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials.
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Code of Civil Procedure - CCP - CCP § 1297.242
Code of Civil Procedure - CCP - CCP § 1297.242
Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the proceedings, if so requested by a party.
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Code of Civil Procedure - CCP - CCP § 1297.243
Code of Civil Procedure - CCP - CCP § 1297.243
The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods, or other property.
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Code of Civil Procedure - CCP - CCP § 1297.244
Code of Civil Procedure - CCP - CCP § 1297.244
All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be
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Code of Civil Procedure - CCP - CCP § 1297.245
Code of Civil Procedure - CCP - CCP § 1297.245
Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera.
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Code of Civil Procedure - CCP - CCP § 1297.251
Code of Civil Procedure - CCP - CCP § 1297.251
Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate his or her statement of claim in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall terminate the proceedings.
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Code of Civil Procedure - CCP - CCP § 1297.252
Code of Civil Procedure - CCP - CCP § 1297.252
Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall continue the proceedings without treating that failu
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Code of Civil Procedure - CCP - CCP § 1297.253
Code of Civil Procedure - CCP - CCP § 1297.253
Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it.
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Code of Civil Procedure - CCP - CCP § 1297.261
Code of Civil Procedure - CCP - CCP § 1297.261
Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and require a party to give the expert any relevant information or to produce, or to provide access to, any
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Code of Civil Procedure - CCP - CCP § 1297.262
Code of Civil Procedure - CCP - CCP § 1297.262
Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or her written or oral report, participate in an oral hearing where the parties have the opportunity to question the expert a
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Code of Civil Procedure - CCP - CCP § 1297.271
Code of Civil Procedure - CCP - CCP § 1297.271
The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the superior court assistance in taking evidence and the court may execute the request within its competence and according to its rules on taking evidence. In addition, a subpoena may i
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Code of Civil Procedure - CCP - CCP § 1297.272
Code of Civil Procedure - CCP - CCP § 1297.272
Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those arbitration agreements, the superior court may, on application by one party with the consent of all t
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Code of Civil Procedure - CCP - CCP § 1297.273
Code of Civil Procedure - CCP - CCP § 1297.273
Nothing in this article shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation.
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Code of Civil Procedure - CCP - CCP § 1297.281
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 1297.282
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 1297.283
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 1297.284
Code of Civil Procedure - CCP - CCP § 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.