Article 3 - Receipt of Written Communications

California Code of Civil Procedure — §§ 1297.31-1297.33

Sections (14)

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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 received on the day it is so delivered.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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 by any other means which provides a record of the attempt to deliver it.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

This article does not apply to written communications in respect of court proceedings.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

After the arbitral award is made, a signed copy shall be delivered to each party.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

Unless otherwise agreed by the parties, the arbitral tribunal may award interest.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

(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 witnesses.
(2)Legal fees and expenses.
(3)Any administration fees

of the institution supervising the arbitration, if any.

(4)Any other expenses incurred in connection with the arbitral proceedings.
(c)In making an order for costs, the arbitral tribunal may specify any of the following:
(1)The party entitled to costs.
(2)The party who shall pay the costs.
(3)The amount of costs or method of determining that amount.
(4)The manner in which the costs shall be paid.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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 respondent’s part in obtaining a final settlement of the dispute.
(b)The parties agree on the termination of the proceedings.
(c)The arbitral tribunal

finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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.