Interpretation of International Commercial Disputes

Code of Civil Procedure Part 3, Title 9.3, Chapter 1, Article 2 deals with the arbitration and conciliation of international commercial disputes, including application and interpretation.

Section 1297.20 states that, in the application of this title, its international origin should be noted along with the need to promote uniformity in its application and the observance of good faith. Also, questions concerning matters governed by this title that are not expressly settled in it are to be settled in conformity with the general principles embodied in this title.

Section 1297.21 defines the following terms: “arbitral award,” arbitral tribunal,” “arbitration,” “conciliation,” “chief justice,” “court,” “party,” “superior court,” and “supreme court.”

Section 1297.22 states that, where a provision of this title leaves the parties free to determine a certain issue, that freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.

Section 1297.23 specifies that, where a provision of this title refers to the fact that the parties have agreed or that they may agree, the agreement is deemed to include any arbitration or conciliation rules referred to in that agreement.

Section 1297.24 provides that, where this title refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to that counterclaim.