If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the termination of the mandate.
§ 1297.142.Requesting Superior Court to Decide Remaining Controversy
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 5. Failure or Impossibility to Act · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.142 lets a party ask the superior court to decide whether an arbitrator's mandate should terminate, when the parties still disagree about the grounds for termination described in Section 1297.141.
Full Text of § 1297.142
Plain-English Summary
Section 1297.141 requires either the arbitrator's withdrawal or the parties' agreement before a failure-to-act termination takes hold. This section covers what happens when neither materializes and the parties remain at odds over whether the arbitrator is really unable to serve or has really failed to act.
In that standoff, either party may take the dispute to the superior court and ask it to decide on the termination. The court, rather than the arbitrator or the other party, becomes the tiebreaker, giving a party stuck with an unresponsive or incapacitated arbitrator a way forward even without the other side's cooperation.
Frequently Asked Questions
What happens if the parties disagree about whether an arbitrator has failed to act?
A party may ask the superior court to decide on the termination of the arbitrator's mandate.
Does a party need the other side's agreement to go to court under this section?
No. This section exists precisely for situations where a controversy remains and the parties haven't agreed, letting either party seek a court decision on its own.
Can the court's decision under this section be appealed?
No. Section 1297.143 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: court decides arbitrator termination disputesuperior court arbitrator unable to act