SECTIONS 1297.11-1297.17 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1297.11-1297.17

1297.11. This title applies to international commercial arbitration
and conciliation, subject to any agreement which is in force between
the United States and any other state or states.

1297.12. This title, except Article 2 (commencing with Section
1297.81) of Chapter 2 and Article 3 (commencing with Section 1297.91)
of Chapter 2, applies only if the place of arbitration or
conciliation is in the State of California.

1297.13. An arbitration or conciliation agreement is international
if any of the following applies:
(a) The parties to an arbitration or conciliation agreement have,
at the time of the conclusion of that agreement, their places of
business in different states.
(b) One of the following places is situated outside the state in
which the parties have their places of business:
(i) The place of arbitration or conciliation if determined in, or
pursuant to, the arbitration or conciliation agreement.
(ii) Any place where a substantial part of the obligations of the
commercial relationship is to be performed.
(iii) The place with which the subject matter of the dispute is
most closely connected.
(c) The parties have expressly agreed that the subject matter of
the arbitration or conciliation agreement relates to commercial
interests in more than one state.
(d) The subject matter of the arbitration or conciliation
agreement is otherwise related to commercial interests in more than
one state.

1297.14. For the purposes of Section 1297.13, if a party has more
than one place of business, the place of business is that which has
the closest relationship to the arbitration agreement, and if a party
does not have a place of business, reference is to be made to his
habitual residence.

1297.15. For the purposes of Section 1297.13, the states of the
United States, including the District of Columbia, shall be
considered one state.

1297.16. An arbitration or conciliation agreement is commercial if
it arises out of a relationship of a commercial nature including, but
not limited to, any of the following:
(a) A transaction for the supply or exchange of goods or services.
(b) A distribution agreement.
(c) A commercial representation or agency.
(d) An exploitation agreement or concession.
(e) A joint venture or other, related form of industrial or
business cooperation.
(f) The carriage of goods or passengers by air, sea, rail, or
road.
(g) Construction.
(h) Insurance.
(i) Licensing.
(j) Factoring.
(k) Leasing.
(l) Consulting.
(m) Engineering.
(n) Financing.
(o) Banking.
(p) The transfer of data or technology.
(q) Intellectual or industrial property, including trademarks,
patents, copyrights and software programs.
(r) Professional services.

1297.17. This title shall not affect any other law in force in
California by virtue of which certain disputes may not be submitted
to arbitration or may be submitted to arbitration only in accordance
with provisions other than those of this title. Notwithstanding the
foregoing, this title supersedes Sections 1280 to 1284.2, inclusive,
with respect to international commercial arbitration and
conciliation.