Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those arbitration agreements, the superior court may, on application by one party with the consent of all the other parties to those arbitration agreements, do one or more of the following:
§ 1297.272.Power of Court Where Consolidation of Arbitrations Agreed to By Parties
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 10. Court Assistance in Taking Evidence and Consolidating Arbitrations · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.272 lets the superior court, on application by one party with the consent of all other parties who agreed to consolidate related arbitrations, order the consolidation, appoint a tribunal under Section 1297.118 if the parties can't agree on one, or make any other order it considers necessary.
Full Text of § 1297.272
(a) Order the arbitrations to be consolidated on terms the court considers just and necessary.
(c) Where all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary.
Plain-English Summary
Related disputes arbitrated separately can waste time and produce conflicting results, and this section gives the superior court a tool to prevent that when the parties themselves have already agreed to consolidate. Where the parties to two or more arbitration agreements have agreed, in those agreements or otherwise, to consolidate the arbitrations arising out of them, the court may act on application by one party with the consent of all the other parties to those agreements.
Once that consent is in place, the court has three tools available. It may order the arbitrations consolidated on terms it considers just and necessary. If the parties can't agree on an arbitral tribunal for the consolidated case, the court may appoint one following the same default-appointment process set out in Section 1297.118. And if the parties can't agree on any other matter needed to conduct the consolidated arbitration, the court may make whatever other order it considers necessary to get the case moving.
Frequently Asked Questions
Can a court force unrelated parties to consolidate their arbitrations?
No. This section applies only where the parties already agreed, in their arbitration agreements or otherwise, to consolidate, and it requires the consent of all the parties to those agreements before the court acts.
What can the superior court do once consolidation is sought?
Order the arbitrations consolidated on just and necessary terms, appoint a tribunal under Section 1297.118 if the parties can't agree on one, or make any other order it considers necessary.
What if the parties can consolidate on their own without going to court?
Section 1297.273 confirms that nothing in this article prevents parties from agreeing to consolidate and taking the necessary steps themselves.
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: consolidating arbitrations california superior courtcourt appointed tribunal consolidated arbitration