While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award.
§ 1297.136.Continuation With Arbitral Proceedings While Request Pending
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 1297.136 allows the arbitral tribunal, including the challenged arbitrator, to keep working and even issue an award while a party's request for the superior court to decide the challenge is still pending.
Full Text of § 1297.136
Plain-English Summary
A pending challenge could easily become a stalling tactic if it froze the arbitration in place. This section prevents that. While a request under Section 1297.134 is pending before the superior court, the arbitral tribunal -- including the very arbitrator being challenged -- may continue with the proceedings and may make an arbitral award.
That means the case doesn't grind to a halt just because one side has taken the composition question to court. If the court later sustains the challenge, the parties and the tribunal will have to sort out what happens to any award or ruling made in the meantime, but this section makes clear that the tribunal isn't required to wait around for that possibility before moving forward.
Frequently Asked Questions
Does the arbitration stop while a challenge is pending in court?
No. Section 1297.136 lets the tribunal continue the proceedings and even issue an award while the court request under Section 1297.134 is pending.
Can the challenged arbitrator keep participating during that time?
Yes. The section specifically includes the challenged arbitrator among those who may continue with the proceedings.
Why does the law let the tribunal keep moving instead of pausing for the court?
To keep a pending challenge from being used to delay the arbitration while the composition question works its way through the superior court.
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: arbitration continues during pending challengetribunal issues award while challenge pending