SECTIONS 1297.121-1297.125 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1297.121-1297.125

1297.121. 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.

1297.122. 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.

1297.123. 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.

1297.124. 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.

1297.125. 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.