The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such person was not bound by the arbitration award and was not a party to the arbitration.
§ 1287.2.Dismissal of Proceeding As to Respondent
Title 9. Arbitration · Chapter 4. Enforcement of the Award · Article 1. Confirmation, Correction or Vacation of the Award · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1287.2 requires the court to dismiss the proceeding as to any named respondent who the court determines was neither bound by the arbitration award nor a party to the arbitration.
Full Text of § 1287.2
Plain-English Summary
Section 1285 lets a petitioner name, as a respondent, anyone bound by the arbitration award, not just the parties to the arbitration itself. This section protects the people that provision could sweep in too broadly: if the court determines a named respondent was not bound by the award and was not a party to the arbitration, the court has to dismiss the proceeding as to that person.
The dismissal is not discretionary once the court makes that finding -- the statute says the court "shall" dismiss, leaving no room for the proceeding to continue against someone who has no real stake in, or connection to, the arbitration that produced the award.
Frequently Asked Questions
Can someone who wasn't part of the arbitration be forced to remain in a confirmation proceeding?
No -- if the court finds they were not bound by the award and were not a party to the arbitration, it must dismiss the proceeding as to them.
Is dismissal automatic in that situation, or does the court have discretion?
The court is required to dismiss once it makes that determination.
Amendment History
Added by Stats. 1961, Ch. 461.
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: dismiss nonparty arbitration proceeding californiarespondent not bound by arbitration award