Where a provision of this title, except Article 1 (commencing with Section 1297.281) of Chapter 6, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.
§ 1297.22.Right of Parties to Authorize Third Party to Make Determination
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 1. Application and Interpretation · Article 2. Interpretation · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.22 lets parties who are free under this title to decide an issue for themselves also authorize a third party, including an institution, to make that determination instead, except for one specific provision on default appointments.
Full Text of § 1297.22
Plain-English Summary
Many provisions in this title let the parties settle a question their own way rather than imposing a fixed rule. This section clarifies what that freedom includes: whenever the parties are free to determine an issue themselves, they are equally free to hand that decision off to a third party, whether an individual or an institution, rather than deciding it directly.
That flexibility has one carve-out. It does not extend to the specific default-appointment provision in Article 1 of Chapter 6, which follows its own separate rule for how that particular determination gets made.
Frequently Asked Questions
If parties can decide an issue themselves under this title, can they delegate that decision to someone else?
Yes. Section 1297.22 lets them authorize a third party, including an institution, to make that determination instead of deciding it directly.
Does this delegation right apply to every provision that lets the parties decide?
No. It does not apply to Article 1 (commencing with Section 1297.281) of Chapter 6, which is excluded from this section's scope.
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: delegating arbitration decisions to third partyparty autonomy international arbitration california