SECTIONS 1297.111-1297.119 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1297.111-1297.119

1297.111. A person of any nationality may be an arbitrator.

1297.112. Subject to Sections 1297.115 and 1297.116, the parties
may agree on a procedure for appointing the arbitral tribunal.

1297.113. 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.

1297.114. 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.

1297.115. 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.

1297.116. 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.

1297.117. 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.

1297.118. 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.

1297.119. 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.