Article 1 - Scope of Application

California Code of Civil Procedure — §§ 1297.11-1297.17

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

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.

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

A person of any nationality may be an arbitrator.

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

Subject to Sections 1297.115 and 1297.116, the parties may agree on a procedure for appointing the arbitral tribunal.

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

Failing such agreement referred to in Section 1297.112, in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator.

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

If the appointment procedure in Section 1297.113 applies and either a party fails to appoint an arbitrator within 30 days after receipt of a request to do so from the other party, or the two appointed arbitrators fail to agree on the third arbitrator within 30 days after their appointment, the appointment shall be made, upon request of a party, by the superior court.

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

Failing any agreement referred to in Section 1297.112, in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, the appointment shall be made, upon request of a party, by the superior court.

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

The superior court, upon the request of a party, may take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment, where, under an appointment procedure agreed upon by the parties, any of the following occurs:

(a)A party fails to act as required under that procedure.
(b)The parties, or two appointed arbitrators, fail to reach an agreement expected of them under that procedure.
(c)A third party, including an institution, fails to perform any function entrusted to it under that procedure.

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

A decision on a matter entrusted to the superior court pursuant to Sections 1297.114, 127.115, and 1297.116 is final and is not subject to appeal.

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

The superior court, in appointing an arbitrator, shall have due regard to all of the following:

(a)Any qualifications required of the arbitrator by the agreement of the parties.
(b)Other considerations as are likely to secure the appointment of an independent and impartial arbitrator.
(c)In the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than those of the

parties.

Added by Stats. 1994, Ch. 228, Sec. 1. Effective January 1, 1995.

An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract.

The immunity afforded by this section shall supplement, and not supplant, any otherwise applicable common law or statutory immunity.

Amended by Stats. 2024, Ch. 90, Sec. 1. (AB 1903) Effective January 1, 2025.

This title, except Article 2 (commencing with Section 1297.81) of Chapter 2 and Article 3 (commencing with Section 1297.90) of Chapter 2, applies only if the place of arbitration or conciliation is in the State of California.

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

Except as otherwise provided in this title, all persons whose names have been submitted for consideration for appointment or designation as arbitrators or conciliators, or who have been appointed or designated as such, shall, within 15 days, make a disclosure to the parties of any information which might cause their impartiality to be questioned including, but not limited to, any of the following instances:

(a)The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.
(b)The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or he or she has been a material witness concerning it.
(c)The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceeding.
(d)The person, individually or a fiduciary, or such person’s spouse or minor child residing in such person’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
(e)The person, his or her spouse, or a person within the third degree of relationship to

either of them, or the spouse of such a person meets any of the following conditions:

(i)The person is or has been a party to the proceeding, or an officer, director, or trustee of a party.

(ii) The person is acting or has acted as a lawyer in the proceeding.

(iii) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.

(iv) The person is likely to be a material witness in the proceeding.

(f)The person has a close personal or professional relationship with a person who meets any of the following conditions:
(i)The person is or has been a party to the proceeding, or an

officer, director, or trustee of a party.

(ii) The person is acting or has acted as a lawyer or representative in the proceeding.

(iii) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.

(iv) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.

(v)The person is likely to be a material witness in the proceeding.

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

The obligation to disclose information set forth in Section 1297.121 is mandatory and cannot be waived as to the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as the chief or prevailing arbitrator or conciliator. The parties may otherwise agree to waive such disclosure.

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

From the time of appointment and throughout the arbitral proceedings, an arbitrator, shall, without delay, disclose to the parties any circumstances referred to in Section 1297.121 which were not previously disclosed.

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

Unless otherwise agreed by the parties or the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her independence or impartiality, or as to his or her possession of the qualifications upon which the parties have agreed.

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

A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made.

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

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.

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

The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final.

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

Failing any agreement referred to in Section 1297.131, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in Sections 1297.124 and 1297.125, whichever shall be later, send a written statement of the reasons for the challenge to the arbitral tribunal.

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

Unless the arbitrator challenged under Section 1297.132 withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

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