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Code of Civil Procedure - CCP - CCP § 1297.285
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 1297.291
Code of Civil Procedure - CCP - CCP § 1297.291
Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. Notwithstanding this section, if authorized by the parties or all the members of the arbitral tr
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Code of Civil Procedure - CCP - CCP § 1297.301
Code of Civil Procedure - CCP - CCP § 1297.301
It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to e
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Code of Civil Procedure - CCP - CCP § 1297.302
Code of Civil Procedure - CCP - CCP § 1297.302
If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
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Code of Civil Procedure - CCP - CCP § 1297.303
Code of Civil Procedure - CCP - CCP § 1297.303
An arbitral award on agreed terms shall be made in accordance with Article 4 (commencing with Section 1297.311) of this chapter and shall state that it is an arbitral award.
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Code of Civil Procedure - CCP - CCP § 1297.304
Code of Civil Procedure - CCP - CCP § 1297.304
An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.
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Code of Civil Procedure - CCP - CCP § 1297.31
Code of Civil Procedure - CCP - CCP § 1297.31
Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address, and the communication is deemed to have been re
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Code of Civil Procedure - CCP - CCP § 1297.311
Code of Civil Procedure - CCP - CCP § 1297.311
An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
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Code of Civil Procedure - CCP - CCP § 1297.312
Code of Civil Procedure - CCP - CCP § 1297.312
For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.
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Code of Civil Procedure - CCP - CCP § 1297.313
Code of Civil Procedure - CCP - CCP § 1297.313
The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an arbitral award on agreed terms under Article 3 (commencing with Section 1297.301) of this chapter.
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Code of Civil Procedure - CCP - CCP § 1297.314
Code of Civil Procedure - CCP - CCP § 1297.314
The arbitral award shall state its date and the place of arbitration as determined in accordance with Article 3 (commencing with Section 1297.201) of Chapter 5 and the award shall be deemed to have been made at that place.
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Code of Civil Procedure - CCP - CCP § 1297.315
Code of Civil Procedure - CCP - CCP § 1297.315
After the arbitral award is made, a signed copy shall be delivered to each party.
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Code of Civil Procedure - CCP - CCP § 1297.316
Code of Civil Procedure - CCP - CCP § 1297.316
The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.
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Code of Civil Procedure - CCP - CCP § 1297.317
Code of Civil Procedure - CCP - CCP § 1297.317
Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
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Code of Civil Procedure - CCP - CCP § 1297.318
Code of Civil Procedure - CCP - CCP § 1297.318
(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an order for costs, the arbitral tribunal may include as costs any of the following: (1) The fees and expenses of the arbitrators and expert
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Code of Civil Procedure - CCP - CCP § 1297.32
Code of Civil Procedure - CCP - CCP § 1297.32
If none of the places referred to in Section 1297.31 can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence, or mailing address by registered mail or
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Code of Civil Procedure - CCP - CCP § 1297.321
Code of Civil Procedure - CCP - CCP § 1297.321
The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be final upon the expiration of the applicable periods in Article 6 (commencing with Section 1297.331) of this chapter.
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Code of Civil Procedure - CCP - CCP § 1297.322
Code of Civil Procedure - CCP - CCP § 1297.322
The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs: (a) The claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on the
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Code of Civil Procedure - CCP - CCP § 1297.323
Code of Civil Procedure - CCP - CCP § 1297.323
Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings.
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Code of Civil Procedure - CCP - CCP § 1297.33
Code of Civil Procedure - CCP - CCP § 1297.33
This article does not apply to written communications in respect of court proceedings.
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Code of Civil Procedure - CCP - CCP § 1297.331
Code of Civil Procedure - CCP - CCP § 1297.331
Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) A party may request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or typographical errors, or any other errors
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Code of Civil Procedure - CCP - CCP § 1297.332
Code of Civil Procedure - CCP - CCP § 1297.332
If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30 days after receipt of the request and the interpretation shall form part of the arbitral award.
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Code of Civil Procedure - CCP - CCP § 1297.333
Code of Civil Procedure - CCP - CCP § 1297.333
The arbitral tribunal may correct any error of the type referred to in subdivision (a) of Section 1297.331, on its own initiative, within 30 days after the date of the arbitral award.
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Code of Civil Procedure - CCP - CCP § 1297.334
Code of Civil Procedure - CCP - CCP § 1297.334
Unless otherwise agreed by the parties, a party may request, within 30 days after receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the arbitral award.
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Code of Civil Procedure - CCP - CCP § 1297.335
Code of Civil Procedure - CCP - CCP § 1297.335
If the arbitral tribunal considers any request made under Section 1297.334 to be justified, it shall make the additional arbitral award within 60 days after receipt of the request.