Unless otherwise agreed by the parties or the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her independence or impartiality, or as to his or her possession of the qualifications upon which the parties have agreed.
§ 1297.124.Justifiable Doubts As to Independence Or Impartiality Or Qualifications
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 1297.124 sets the substantive standard for challenging an arbitrator: unless the parties agree otherwise, a challenge succeeds only where circumstances raise justifiable doubts about the arbitrator's independence or impartiality, or show a failure to meet qualifications the parties themselves agreed on.
Full Text of § 1297.124
Plain-English Summary
Disclosure tells the parties what might be a problem; this section tells them what counts as one. An arbitrator may be challenged only on one of two grounds, unless the parties have agreed to something different.
The first ground is doubt about independence or impartiality -- but not just any doubt. The circumstances have to give rise to justifiable doubts, a standard that filters out speculation or mere discomfort and asks whether a reasonable observer would question the arbitrator's neutrality. The second ground is narrower and more concrete: the arbitrator lacks a qualification the parties themselves agreed the arbitrator must have, whether that's a professional credential, a language, or some other trait the parties bargained for. Absent one of these two grounds, a party unhappy with an arbitrator has no basis to remove that arbitrator under this article.
Frequently Asked Questions
On what grounds can a party challenge an international arbitrator?
Only where circumstances give rise to justifiable doubts about the arbitrator's independence or impartiality, or where the arbitrator lacks a qualification the parties agreed on, unless the parties have agreed to a different standard.
Is a party's general dissatisfaction with an arbitrator enough for a challenge?
No. The standard requires justifiable doubts about independence or impartiality, or a missing agreed qualification, not just a party's subjective unhappiness with the arbitrator.
Can the parties agree to a different standard for challenging an arbitrator?
Yes. This section applies only absent an agreement otherwise, so the parties may set their own grounds for challenge if they choose.
How does this section relate to the disclosure duty in Section 1297.121?
Section 1297.121 requires disclosure of circumstances that might raise doubts; this section decides which of those circumstances are enough to support removing the arbitrator.
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
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