Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 2. Appointment of Arbitrators · Enacted 1994 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.119 gives an arbitrator the same civil immunity a judicial officer enjoys when acting as arbitrator under any statute or contract, and makes clear that immunity adds to, rather than replaces, whatever common law or statutory immunity already applies.
Full Text of § 1297.119
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An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract.
The immunity afforded by this section shall supplement, and not supplant, any otherwise applicable common law or statutory immunity.
Plain-English Summary
Serving as an arbitrator means making rulings that affect real disputes and real money, and this section protects that role the same way the law protects a judge doing similar work. An arbitrator has the immunity of a judicial officer from civil liability whenever acting in the capacity of arbitrator, whether the arbitration arises under a statute or under a contract.
The second sentence heads off any argument that this new grant of immunity somehow narrows protections an arbitrator already had. The immunity described here supplements existing common law or statutory immunity; it does not supplant it. An arbitrator keeps whatever protection already applied and gains this judicial-officer-level immunity on top of it.
Frequently Asked Questions
How much civil liability protection does an arbitrator have?
The same immunity from civil liability that a judicial officer has, when acting in the capacity of arbitrator.
Does this section only apply to arbitrations created by statute?
No -- it covers an arbitrator acting under any statute or contract.
Does this immunity replace other protections an arbitrator might already have?
No -- it supplements existing common law or statutory immunity rather than supplanting it.
Amendment History
Added by Stats. 1994, Ch. 228, Sec. 1. Effective January 1, 1995.
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 immunity from civil liability californiajudicial officer immunity arbitrator