Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration agreement as made or as modified by all of the parties thereto:
§ 1282.Powers and Duties of Arbitrators
Title 9. Arbitration · Chapter 3. Conduct of Arbitration Proceedings · Last amended 1998 · Last verified July 29, 2026
In one sentenceSection 1282 supplies default rules for how an arbitration panel is composed and exercises authority when the parties' agreement is silent: a single neutral arbitrator ordinarily decides the case, and majority rule governs when there is more than one arbitrator or more than one neutral arbitrator.
Full Text of § 1282
(a) The arbitration shall be by a single neutral arbitrator.
(b) If there is more than one arbitrator, the powers and duties of the arbitrators, other than the powers and duties of a neutral arbitrator, may be exercised by a majority of them if reasonable notice of all proceedings has been given to all arbitrators.
(c) If there is more than one neutral arbitrator:
(1) The powers and duties of a neutral arbitrator may be exercised by a majority of the neutral arbitrators.
(2) By unanimous agreement of the neutral arbitrators, the powers and duties may be delegated to one of their number but the power to make or correct the award may not be so delegated.
(d) If there is no neutral arbitrator, the powers and duties of a neutral arbitrator may be exercised by a majority of the arbitrators.
Plain-English Summary
This section only fills gaps. It applies unless the arbitration agreement says otherwise, or unless the parties agree on something else that does not conflict with that agreement. Absent either, the default is simple: a single neutral arbitrator handles the case. If the parties have appointed more than one arbitrator, the powers and duties that belong to the non-neutral arbitrators can be exercised by a majority of them, so long as all arbitrators received reasonable notice of the proceedings.
Where the panel includes more than one neutral arbitrator, a majority of the neutrals can exercise a neutral arbitrator's powers and duties. The neutrals can even delegate that authority to just one of their number, but only by unanimous agreement, and one power can never be delegated away: the power to make or correct the award. That safeguard keeps the decision itself in the hands of the full group of neutrals, even when day-to-day authority is streamlined. And if a panel somehow ends up with no neutral arbitrator at all, a majority of whatever arbitrators there are can exercise a neutral arbitrator's powers.
Frequently Asked Questions
What happens if the arbitration agreement doesn't say how many arbitrators will hear the case?
The default is a single neutral arbitrator, unless the agreement or the parties' own later agreement says otherwise.
Can a panel of neutral arbitrators hand off its authority to just one member?
Only by unanimous agreement of the neutral arbitrators, and even then, the power to make or correct the award cannot be delegated.
How is authority divided when a panel has both neutral and non-neutral arbitrators?
The non-neutral arbitrators' powers can be exercised by a majority of them with proper notice, while the neutral arbitrators' powers are exercised by a majority of the neutrals.
Does this section apply if the parties have already agreed on different procedures?
No -- it is a fallback that yields to the arbitration agreement or to a later, consistent agreement of the parties.
Amendment History
Amended by Stats. 1997, Ch. 445, Sec. 3. Effective January 1, 1998.
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: number of arbitrators default rule californianeutral arbitrator majority rule arbitration