CHAPTER 3. Composition of Arbitral Tribunals [1297.101. - 1297.154.]

Chapter 3 added by Stats. 1988, Ch. 23, Sec. 1.

§§ 1297.101–1297.154 · 29 sections

1. ARTICLE 1. Number of Arbitrators § 1297.101 · 1 section

   • § 1297.101 The parties may agree on the number of arbitrators. Otherwise, there shall be one arbitrator.
2. ARTICLE 2. Appointment of Arbitrators §§ 1297.111–1297.119 · 9 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. ARTICLE 3. Grounds for Challenge §§ 1297.121–1297.125 · 5 sections

   • § 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…
   • § 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…
   • § 1297.123 From the time of appointment and throughout the arbitral proceedings, an arbitrator, shall, without delay, disclose to the parties any circumstances referred…
   • § 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…
   • § 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…
4. ARTICLE 4. Challenge Procedure §§ 1297.131–1297.136 · 6 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
5. ARTICLE 5. Failure or Impossibility to Act §§ 1297.141–1297.144 · 4 sections

   • § 1297.141 The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without…
   • § 1297.142 If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the termination of…
   • § 1297.143 A decision of the superior court under Section 1297.142 is not subject to appeal.
   • § 1297.144 If, under this section or Section 1297.132, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does…
6. ARTICLE 6. Termination of Mandate and Substitution of Arbitrators §§ 1297.151–1297.154 · 4 sections

   • § 1297.151 In addition to the circumstances referred to under Article 4 (commencing with Section 1297.131) and Article 5 (commencing with Section 1297.141) of this…
   • § 1297.152 Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the…
   • § 1297.153 Unless otherwise agreed by the parties: (a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated. (b) Where an…
   • § 1297.154 Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not…