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§ 1297.132.Time For Sending Written Statement of Reasons For Challenge

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 1297.132 supplies the default challenge procedure when the parties haven't agreed on one: a party intending to challenge an arbitrator must send the arbitral tribunal a written statement of reasons within 15 days of learning of the tribunal's makeup or of the challenge grounds, whichever comes later.

Full Text of § 1297.132

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Failing any agreement referred to in Section 1297.131, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in Sections 1297.124 and 1297.125, whichever shall be later, send a written statement of the reasons for the challenge to the arbitral tribunal.

Plain-English Summary

When the parties haven't set their own rules under Section 1297.131, this section fills the gap with a concrete deadline and a concrete first step. A party that intends to challenge an arbitrator must send the arbitral tribunal a written statement laying out the reasons for the challenge.

Timing is measured from two possible starting points, and whichever comes later controls: the date the party became aware of how the tribunal is constituted, or the date it became aware of the circumstances that support the challenge under Sections 1297.124 and 1297.125. From that later date, the party has 15 days to send its written statement. Waiting past that window risks losing the challenge on timeliness grounds alone, regardless of how strong the underlying reasons are.

Frequently Asked Questions

What must a party do to challenge an arbitrator when there's no agreed procedure?

Send the arbitral tribunal a written statement of the reasons for the challenge within 15 days of the relevant triggering date.

When does the 15-day period start running?

From whichever is later: the date the party became aware the tribunal was constituted, or the date it became aware of the circumstances supporting the challenge under Sections 1297.124 and 1297.125.

Does this section apply if the parties already agreed on a challenge procedure?

No. It applies only when the parties haven't agreed on a procedure under Section 1297.131.

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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