(a) Beginning July 1, 2002, a person serving as a neutral arbitrator pursuant to an arbitration agreement shall comply with the ethics standards for arbitrators adopted by the Judicial Council pursuant to this section. The Judicial Council shall adopt ethical standards for all neutral arbitrators effective July 1, 2002. These standards shall be consistent with the standards established for arbitrators in the judicial arbitration program and may expand but may not limit the disclosure and disqualification requirements established by this chapter. The standards shall address the disclosure of interests, relationships, or affiliations that may constitute conflicts of interest, including prior service as an arbitrator or other dispute resolution neutral entity, disqualifications, acceptance of gifts, and establishment of future professional relationships.
§ 1281.85.Ethical Standards For Neutral Arbitrators
Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Last amended 2010 · Last verified July 29, 2026
In one sentenceSection 1281.85 directs the Judicial Council to adopt mandatory, non-waivable ethics standards for neutral arbitrators, effective July 1, 2002, covering conflicts of interest, disqualification, gifts, and future professional relationships, while excluding arbitrations conducted under collective bargaining agreements.
Full Text of § 1281.85
(b) Subdivision (a) does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement.
(c) The ethics requirements and standards of this chapter are nonnegotiable and shall not be waived.
Plain-English Summary
This section is the source of California's arbitrator ethics standards. It requires the Judicial Council to adopt ethical standards for all neutral arbitrators, effective July 1, 2002, and requires every neutral arbitrator serving from that date forward to comply with them. Those standards have to match the standards already used in the judicial arbitration program, and can add to -- but not weaken -- the disclosure and disqualification requirements this chapter already sets out.
The standards have to address several specific topics: disclosure of interests, relationships, or affiliations that might create a conflict of interest, including past service as an arbitrator or other dispute-resolution neutral; grounds for disqualification; whether and how an arbitrator may accept gifts; and how an arbitrator may establish future professional relationships with the parties.
Two limits bookend the section. It doesn't apply to arbitration conducted under a public or private sector collective bargaining agreement. And for arbitrations it does cover, the ethics requirements and standards are nonnegotiable -- parties can't agree around them, even by contract.
Frequently Asked Questions
Who sets the ethics rules for California's neutral arbitrators?
The Judicial Council, under authority granted by § 1281.85, effective July 1, 2002.
Can parties waive these ethics requirements by agreement?
No. Section 1281.85(c) makes the ethics requirements and standards nonnegotiable.
Does this section apply to labor arbitration under a collective bargaining agreement?
No. Subdivision (b) excludes arbitration conducted under the terms of a public or private sector collective bargaining agreement.
Amendment History
Amended by Stats 2009 ch 133 (AB 1090),s 1, eff. 1/1/2010. Amended by Stats 2002 ch 176 (SB 1707),s 1, eff. 1/1/2003. Added by Stats 2001 ch 362 (SB 475), s 4, eff. 1/1/2002.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: judicial council arbitrator ethics standardsarbitrator code of ethics california