The superior court, in appointing an arbitrator, shall have due regard to all of the following:
§ 1297.118.Considerations By Superior Court In Appointing Arbitrator
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 1297.118 requires the superior court, when appointing an arbitrator itself, to consider any qualifications the parties' agreement requires, other factors likely to produce an independent and impartial arbitrator, and, for a sole or third arbitrator, whether appointing someone of a nationality different from the parties' own is advisable.
Full Text of § 1297.118
(a) Any qualifications required of the arbitrator by the agreement of the parties.
(b) Other considerations as are likely to secure the appointment of an independent and impartial arbitrator.
(c) In the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than those of the parties.
Plain-English Summary
When the appointment provisions in this article call for the court to step in and pick an arbitrator itself, this section guides that choice so the court does not appoint blindly. Three considerations get “due regard” before the court makes its selection.
First, any qualifications the parties' own arbitration agreement requires of the arbitrator have to be honored -- the court cannot ignore criteria the parties themselves bargained for. Second, the court weighs other considerations likely to secure an arbitrator who is independent and impartial, since neutrality is the whole point of having a court, rather than one side, make the choice. Third, and specific to international disputes, when the court is appointing a sole arbitrator or a third arbitrator, it has to consider the advisability of choosing someone whose nationality differs from either party's own -- a nod to the value of a truly neutral decisionmaker in a cross-border dispute where either party's countryman might be perceived as leaning home.
Frequently Asked Questions
Does the court ignore the parties' own arbitration agreement when it appoints an arbitrator?
No -- the court must have due regard for any qualifications the parties' agreement requires of the arbitrator.
Why would the court consider an arbitrator's nationality?
For a sole or third arbitrator, the court weighs the advisability of choosing someone of a different nationality than either party, to help secure a neutral decisionmaker.
What is the overall goal behind these appointment factors?
Securing an arbitrator who is independent and impartial, while still respecting any qualifications the parties themselves required.
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 factors appointing arbitrator californianeutral arbitrator nationality consideration