§ 1297.112.Parties May Agree On Procedure For Appointing

Party autonomy is the starting point for how a tribunal gets appointed. The parties may agree on whatever procedure they like for appointing their arbitrators -- naming an institution to administer the selection, specifying qualifications, setting their own timelines, or any other approach that suits their dispute.

That freedom comes with a built-in backstop, though. The opening clause makes the whole section “subject to Sections 1297.115 and 1297.116,” meaning the parties' agreed procedure does not leave them stranded if it breaks down. Those two sections let the court step in -- appointing a sole arbitrator when the parties cannot agree, or taking other necessary measures when any agreed appointment procedure stalls. Freedom to design the process comes paired with a guarantee that the process cannot be held hostage indefinitely.