The obligation to disclose information set forth in Section 1297.121 is mandatory and cannot be waived as to the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as the chief or prevailing arbitrator or conciliator. The parties may otherwise agree to waive such disclosure.
§ 1297.122.Waiver of Disclosure
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 3. Grounds for Challenge · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.122 makes the disclosure duty from Section 1297.121 mandatory and non-waivable for a sole arbitrator or conciliator, or the chief or prevailing one on a panel, while letting the parties agree to waive disclosure in every other case.
Full Text of § 1297.122
Plain-English Summary
Not every seat on an arbitral tribunal carries the same weight, and this section calibrates the disclosure duty to match. When one person decides everything -- a sole arbitrator or sole conciliator -- or leads a panel as the chief or prevailing arbitrator or conciliator, the disclosure obligation in Section 1297.121 is mandatory. The parties cannot agree around it, because too much rides on that person's independence for the parties to bargain the safeguard away.
Outside that core group, the parties get more room to maneuver. They may agree to waive the disclosure duty for other members of the tribunal, presumably because a party sitting alongside other arbitrators has less power to single-handedly decide the outcome, and the parties are better positioned to judge for themselves how much disclosure they need.
Frequently Asked Questions
Can the parties waive an arbitrator's duty to disclose conflicts?
Not for a sole arbitrator, sole conciliator, or the chief or prevailing arbitrator or conciliator on a panel. For anyone else, the parties may agree to waive the disclosure duty.
Why does a sole arbitrator get different treatment than a panel member?
Because a sole arbitrator or a panel's chief or prevailing member decides or controls the outcome alone, so the law treats their independence as too important for the parties to bargain away.
Does this section create the disclosure duty itself?
No. Section 1297.121 creates the duty; this section only fixes which parts of it are mandatory and which parts the parties may waive.
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: mandatory arbitrator disclosure sole arbitratorwaiver of arbitrator disclosure duty