Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
§ 1297.152.Appointment of Substitute Arbitrator
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 6. Termination of Mandate and Substitution of Arbitrators · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.152 requires that, whenever an arbitrator's mandate terminates, a substitute arbitrator be appointed using the same rules that governed the appointment of the arbitrator being replaced.
Full Text of § 1297.152
Plain-English Summary
Once a seat on the tribunal opens up, this section supplies the simplest possible rule for filling it: use the same process that filled it the first time. Whatever rules applied to appointing the original arbitrator -- whether drawn from the parties' agreement, institutional rules, or the statutory default appointment provisions -- apply again to appointing the replacement.
That consistency matters because the original appointment process often reflects a careful balance the parties struck, whether it's each side naming one arbitrator or a neutral process for a sole arbitrator. Reusing that same process for a substitute preserves the balance, rather than letting a mid-case vacancy become an opportunity to change how the tribunal gets built.
Frequently Asked Questions
What rules govern appointing a substitute arbitrator?
The same rules that applied to appointing the arbitrator being replaced.
Does it matter why the original arbitrator's mandate ended?
No. Section 1297.152 applies whenever a mandate terminates, regardless of whether it ended through a challenge, a failure-to-act determination, withdrawal, or party agreement.
Can the parties use a different appointment method for the substitute than they used originally?
The default rule reuses the original method, though the parties remain free to agree otherwise if they choose a different approach for the substitution.
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: appointing substitute arbitrator californiarules for replacing arbitrator international arbitration