If a challenge following the procedure under Section 1297.133 is not successful, the challenging party may request the superior court, within 30 days after having received notice of the decision rejecting the challenge, to decide on the challenge. If a challenge is based upon the grounds set forth in Section 1297.121, and the superior court determines that the facts support a finding that such ground or grounds fairly exist, then the challenge should be sustained.
§ 1297.134.Requesting Superior Court to Decide On 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 1297.134 lets a party whose challenge failed before the tribunal ask the superior court, within 30 days of notice of that decision, to decide the challenge instead, and directs the court to sustain the challenge if it finds the facts support the specific circumstances the challenge relied on.
Full Text of § 1297.134
Plain-English Summary
Losing a challenge before the arbitral tribunal isn't necessarily the end of the road. This section gives the challenging party a path to court: within 30 days after receiving notice of the tribunal's decision rejecting the challenge, that party may ask the superior court to decide the challenge on its own.
The court doesn't start from scratch with an open-ended standard. Where the challenge rests on the specific circumstances the disclosure duty is built around, the court sustains the challenge if it finds the facts support a finding that those grounds exist. That gives the court a factual question to resolve -- do the underlying circumstances exist -- rather than a broad discretionary call about whether the arbitrator should stay or go.
Frequently Asked Questions
What can a party do if the tribunal rejects its challenge to an arbitrator?
Ask the superior court to decide the challenge, within 30 days after receiving notice of the tribunal's decision rejecting it.
What standard does the court apply?
Where the challenge is based on the circumstances the disclosure duty addresses, the court sustains the challenge if it finds the facts support a finding that those grounds exist.
Does going to court under this section pause the arbitration?
No. Section 1297.136 lets the tribunal, including the challenged arbitrator, continue the proceedings and even issue an award while the court request is pending.
Is the superior court's ruling on the challenge final?
Yes. Section 1297.135 makes that decision final and not subject to appeal.
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: superior court decides arbitrator challenge30 day appeal arbitrator challenge rejection