A decision on a matter entrusted to the superior court pursuant to Sections 1297.114, 127.115, and 1297.116 is final and is not subject to appeal.
§ 1297.117.Decision of Superior Court Final
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 1297.117 makes final and unappealable any decision the superior court reaches on a matter entrusted to it under the appointment sections that let the court break an impasse in selecting arbitrators.
Full Text of § 1297.117
Plain-English Summary
Once the court has stepped in under one of the appointment-impasse provisions -- appointing an arbitrator after the default three-arbitrator mechanism failed, appointing a sole arbitrator the parties could not agree on, or taking other necessary measures when an agreed procedure broke down -- this section closes the door on further litigation over that decision. The court's ruling on any of those matters is final and not subject to appeal.
That finality serves the same goal the appointment sections themselves serve: keeping the tribunal-formation stage from becoming its own protracted fight. Letting a disappointed party appeal the court's appointment choice would recreate exactly the kind of delay these sections are designed to avoid.
Frequently Asked Questions
Can a party appeal the superior court's decision appointing an arbitrator under this title?
No -- Section 1297.117 makes that kind of decision final and not appealable.
Why does the law cut off appeal rights over these particular court decisions?
To prevent the appointment stage itself from turning into a prolonged dispute, undermining the efficiency the appointment provisions are meant to provide.
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: arbitrator appointment decision not appealable californiafinality of court appointment ruling