If the appointment procedure in Section 1297.113 applies and either a party fails to appoint an arbitrator within 30 days after receipt of a request to do so from the other party, or the two appointed arbitrators fail to agree on the third arbitrator within 30 days after their appointment, the appointment shall be made, upon request of a party, by the superior court.
§ 1297.114.Failure to Timely Agree On Appointment
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 1297.114 lets the superior court appoint an arbitrator, on a party's request, when the default three-arbitrator mechanism in Section 1297.113 breaks down because a party fails to appoint its arbitrator within 30 days of a request, or the two party-appointed arbitrators fail to agree on the third within 30 days of their own appointment.
Full Text of § 1297.114
Plain-English Summary
This section is the safety valve for the default appointment mechanism the section before it sets up. If a party fails to appoint its own arbitrator within 30 days after the other party asks it to, the process is stuck -- unless someone can break the impasse. The same is true if the two party-appointed arbitrators cannot agree on a third arbitrator within 30 days of their own appointment.
Either failure gives any party the right to ask the superior court to make the missing appointment. The court's intervention does not require both sides to agree that court involvement is appropriate; a single party's request is enough once one of the two 30-day windows has lapsed without the required appointment happening.
Frequently Asked Questions
What happens if a party never appoints its arbitrator?
If 30 days pass after a request to do so without an appointment, any party can ask the superior court to make the appointment instead.
What if the two party-appointed arbitrators can't agree on the third arbitrator?
If they fail to agree within 30 days of their own appointment, a party can request that the superior court appoint the third arbitrator.
Does the other party have to consent before the court steps in?
No -- once either 30-day deadline passes, a party may request court appointment on its own.
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: court appoints arbitrator 30 days californiafailure to appoint arbitrator remedy