The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final.
§ 1297.131.Parties May Agree On Procedure
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 4. Challenge Procedure · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.131 lets the parties agree on their own procedure for challenging an arbitrator, and makes the decision reached under that agreed procedure final.
Full Text of § 1297.131
Plain-English Summary
Consistent with international arbitration's respect for party autonomy, this section starts by handing the challenge procedure over to the parties themselves. If they've agreed on a way to raise and decide a challenge to an arbitrator, that agreement controls.
And whatever decision comes out of that agreed procedure is final. There's no built-in path to revisit it under this article, which gives the parties real incentive to design a procedure they trust, since they'll be living with its outcome. Only when the parties haven't agreed on a procedure does the default process in Section 1297.132 take over.
Frequently Asked Questions
Can the parties design their own procedure for challenging an arbitrator?
Yes. Section 1297.131 lets the parties agree on a challenge procedure, and that agreement governs instead of the default process.
Is a decision reached under the parties' own challenge procedure reviewable?
No. The section makes that decision final.
What happens if the parties never agreed on a challenge procedure?
The default procedure in Section 1297.132 applies instead.
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: agreed procedure for challenging arbitratorparty autonomy arbitrator challenge california