Published: 2015-07-08
Key Benefits:
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.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
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.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
The decision of the superior court under Section 1297.134 is final and is not subject to appeal.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
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.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
