Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal.
§ 1297.154.Order Or Ruling Prior to Replacement Not Invalid
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 1297.154 provides that, unless the parties agree otherwise, an order or ruling the arbitral tribunal made before an arbitrator was replaced stays valid despite the later change in the tribunal's composition.
Full Text of § 1297.154
Plain-English Summary
A mid-case substitution could throw every earlier ruling into doubt if the law let it. This section closes off that risk. Unless the parties agree otherwise, an order or ruling made by the tribunal before an arbitrator was replaced isn't invalidated just because the tribunal's makeup changed afterward.
That protects the practical value of everything the original tribunal decided along the way -- procedural rulings, evidentiary decisions, interim orders -- so the case doesn't have to restart from zero every time a substitution under this article occurs. Read together with Section 1297.153, the picture is a targeted one: hearings involving live testimony and argument may need repeating for a sole or presiding arbitrator, but the tribunal's actual rulings on the record already made remain intact regardless.
Frequently Asked Questions
Does replacing an arbitrator wipe out rulings the tribunal already made?
No. Section 1297.154 keeps prior orders and rulings valid despite the change in the tribunal's composition, unless the parties agree otherwise.
How does this section fit with the rule on repeating hearings?
Section 1297.153 addresses whether hearings must be repeated after a substitution; this section separately preserves the tribunal's actual orders and rulings from before the substitution, regardless of what happens with hearings.
Can the parties agree that prior rulings should be reconsidered after a substitution?
Yes. This section's default rule applies unless the parties have agreed otherwise.
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: prior rulings valid after arbitrator substitutioneffect of arbitrator replacement on tribunal orders