Failing such agreement referred to in Section 1297.112, in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator.
§ 1297.113.Appointment In Arbitration With Three Arbitrators and Two Parties
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 2. Appointment of Arbitrators · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.113 supplies the default appointment mechanism for a three-arbitrator, two-party arbitration when the parties have not agreed on their own procedure: each party appoints one arbitrator, and those two appointed arbitrators then appoint the third.
Full Text of § 1297.113
Plain-English Summary
When the parties skip Section 1297.112's invitation to design their own appointment procedure, this section fills the gap for the common case of a three-member panel with two parties. Each party appoints one arbitrator. Those two party-appointed arbitrators then appoint the third, who typically serves as the presiding or chair arbitrator.
This two-step, party-then-arbitrator structure is a familiar shape in international arbitration: each side gets a direct hand in choosing one member of the panel, while the two arbitrators they picked select a third who was not chosen unilaterally by either side. Section 1297.114 covers what happens when this default mechanism breaks down at either step.
Frequently Asked Questions
What is the default way a three-arbitrator panel gets appointed?
Each party appoints one arbitrator, and the two arbitrators so appointed appoint the third.
Does this default apply if the parties already agreed on a different procedure?
No -- it applies only failing the kind of agreement described in Section 1297.112.
What happens if a party or the two appointed arbitrators can't complete this process?
Section 1297.114 lets the superior court make the appointment instead.
Amendment History
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
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: three arbitrator default appointment californiaeach party appoints one arbitrator rule