Unless otherwise agreed by the parties:
§ 1297.153.Hearings Previously Held Repeated
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 1297.153 provides that, unless the parties agree otherwise, replacing the sole or presiding arbitrator requires repeating any hearings already held, while replacing any other arbitrator leaves that choice to the tribunal's discretion.
Full Text of § 1297.153
(a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated.
(b) Where an arbitrator other than the sole or presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal.
Plain-English Summary
Substituting an arbitrator raises an immediate practical question: does the new arbitrator have to relive the hearings the old one already sat through? This section answers it differently depending on which seat changed hands.
If the sole arbitrator or the presiding arbitrator on a panel is replaced, any hearings already held must be repeated. That arbitrator's role is central enough -- deciding alone, or steering the panel -- that the new appointee needs to have witnessed the evidence and argument directly, not just read a transcript. If some other member of a multi-arbitrator panel is replaced instead, repeating prior hearings becomes optional, left to the tribunal's own discretion rather than required outright. Either rule gives way, though, if the parties have agreed to handle the transition differently.
Frequently Asked Questions
Do prior hearings have to be repeated when an arbitrator is replaced?
It depends on which arbitrator is replaced. Replacing the sole or presiding arbitrator requires repeating prior hearings; replacing any other arbitrator leaves that decision to the tribunal's discretion.
Why does the presiding arbitrator get different treatment from other panel members?
Because the sole or presiding arbitrator's role in weighing the evidence and steering the case is central enough that direct exposure to prior hearings is required rather than optional.
Can the parties change these default rules?
Yes. Section 1297.153 applies unless otherwise agreed by the parties.
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: repeating hearings after arbitrator replacedpresiding arbitrator substitution rehearing