From the time of appointment and throughout the arbitral proceedings, an arbitrator, shall, without delay, disclose to the parties any circumstances referred to in Section 1297.121 which were not previously disclosed.
§ 1297.123.Continuation of Duty to Disclose
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 1297.123 requires an arbitrator, from the moment of appointment and throughout the proceedings, to disclose without delay any Section 1297.121 circumstance that arises or comes to light after the initial disclosure was made.
Full Text of § 1297.123
Plain-English Summary
Section 1297.121 covers the disclosure an arbitrator makes going in. This section keeps that duty alive for as long as the case does. From appointment onward, an arbitrator must disclose, without delay, any circumstance described in Section 1297.121 that wasn't already disclosed.
That covers two situations: something that existed all along but the arbitrator didn't catch or didn't think worth mentioning at first, and something new that develops only after the arbitration is underway, like a fresh business relationship with a party. Either way, the arbitrator doesn't get to sit on it. The parties are entitled to learn about it as soon as it surfaces, not after the award comes down.
Frequently Asked Questions
Does an arbitrator's disclosure duty end once the tribunal is formed?
No. Section 1297.123 keeps the duty running from appointment through the entire arbitral proceeding.
What triggers a new disclosure under this section?
Any circumstance described in Section 1297.121 that wasn't previously disclosed, whether it existed earlier and was missed or arose only after the proceedings began.
How quickly must the arbitrator make a later disclosure?
Without delay. The section doesn't set a fixed number of days the way the initial disclosure duty does, but it requires prompt action once the circumstance arises.
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: continuing disclosure duty arbitrator californiaongoing arbitrator disclosure during proceedings