Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Enacted 2001 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1281.91 lets a party disqualify a proposed neutral arbitrator who fails to make required disclosures, or disqualify based on the disclosure statement itself, each within fifteen calendar days, while capping no-cause disqualification at one arbitrator per case and generally cutting off disqualification once a contested merits hearing has begun.
(a)A proposed neutral arbitrator shall be disqualified if he or she fails to comply with Section 1281.9 and any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after the proposed nominee or appointee fails to comply with Section 1281.9.
(1)If the proposed neutral arbitrator complies with Section 1281.9, the proposed neutral arbitrator shall be disqualified on the basis of the disclosure statement after any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after service of the disclosure statement.
(2)A party shall have the right to disqualify one court-appointed arbitrator without cause in any single arbitration, and may petition the court to disqualify a subsequent appointee only upon a showing of cause.
(c)The right of a party to disqualify a proposed neutral arbitrator pursuant to this section shall be waived if the party fails to serve the notice pursuant to the times set forth in this section, unless the proposed nominee or appointee makes a material omission or material misrepresentation in his or her disclosure. Except as provided in subdivision (d), in no event may a notice of disqualification be given after a hearing of any contested issue of fact relating to the merits of the claim or after any ruling by the arbitrator regarding any contested matter. Nothing in this subdivision shall limit the right of a party to vacate an award pursuant to Section 1286.2, or to disqualify an arbitrator pursuant to any other law or statute.
(d)If any ground specified in Section 170.1 exists, a neutral arbitrator shall disqualify himself or herself upon the demand of any party made before the conclusion of the arbitration proceeding. However, this subdivision does not apply to arbitration proceedings conducted under a collective bargaining agreement between employers and employees or their respective representatives.
Plain-English Summary
Disclosure obligations under § 1281.9 only matter if a party can act on what's disclosed -- or on what wasn't. This section supplies that mechanism. If a proposed neutral arbitrator fails to comply with § 1281.9's disclosure requirements, any party entitled to the disclosure can serve a notice of disqualification within 15 calendar days after that failure. If the arbitrator does comply, a party can still disqualify based on what the disclosure statement reveals, again within 15 calendar days, this time measured from service of the statement.
One form of disqualification doesn't require any reason at all: a party can disqualify one court-appointed arbitrator without cause in any single arbitration. Disqualifying a second, later appointee takes an actual showing of cause presented to the court.
These rights don't last forever. A party who misses the 15-day deadline waives the right to disqualify, unless the arbitrator made a material omission or misrepresentation in the disclosure. And except in that misrepresentation situation, disqualification generally isn't available anymore once there's been a hearing on a contested factual issue going to the merits, or once the arbitrator has ruled on any contested matter. None of this limits a separate right to vacate an award under § 1286.2, or to disqualify an arbitrator under some other law. A neutral arbitrator also has an independent duty to disqualify on their own, on a party's demand, whenever a § 170.1 disqualifying ground exists -- except in collective bargaining arbitrations.
Frequently Asked Questions
How much time does a party have to disqualify an arbitrator?
Fifteen calendar days -- either after the arbitrator fails to make required disclosures, or after service of the disclosure statement, depending on which applies.
Can a party disqualify a court-appointed arbitrator without giving a reason?
Yes, one such arbitrator per arbitration. Disqualifying a later court-appointed arbitrator requires a showing of cause.
Is there a point after which disqualification is no longer available?
Generally yes: once there's been a hearing on a contested factual issue relating to the merits, or a ruling on any contested matter, unless the arbitrator made a material omission or misrepresentation.
Does concealment or misrepresentation extend these deadlines?
Yes. The waiver rule and the merits-hearing cutoff don't apply if the proposed arbitrator made a material omission or misrepresentation in the required disclosure.
Amendment History
Added by Stats 2001 ch 362 (SB 475), s 6, 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
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