SECTIONS 1297.131-1297.136 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1297.131-1297.136

1297.131. The parties may agree on a procedure for challenging an
arbitrator and the decision reached pursuant to that procedure shall
be final.

1297.132. 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.

1297.133. 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.

1297.134. If a challenge following the procedure under Section
1297.133 is not successful, the challenging party may request the
superior court, within 30 days after having received notice of the
decision rejecting the challenge, to decide on the challenge. If a
challenge is based upon the grounds set forth in Section 1297.121,
and the superior court determines that the facts support a finding
that such ground or grounds fairly exist, then the challenge should
be sustained.

1297.135. The decision of the superior court under Section 1297.134
is final and is not subject to appeal.

1297.136. While a request under Section 1297.134 is pending, the
arbitral tribunal, including the challenged arbitrator, may continue
with the arbitral proceedings and make an arbitral award.