Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. Notwithstanding this section, if authorized by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by a presiding arbitrator.
§ 1297.291.Generally
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 6. Making of Arbitral Award and Termination of Proceedings · Article 2. Decisionmaking by Panel of Arbitrators · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.291 provides that, unless otherwise agreed, a multi-arbitrator tribunal decides by majority vote, though the parties or the whole tribunal can authorize a presiding arbitrator to decide procedural questions alone.
Full Text of § 1297.291
Plain-English Summary
A panel of arbitrators has to have a way to reach a single decision even when its members disagree, and this section supplies the default. Unless otherwise agreed by the parties, in proceedings with more than one arbitrator, any decision of the tribunal is made by a majority of all its members.
The section carves out one narrower exception for the day-to-day questions that come up constantly during a case rather than at its conclusion. If the parties or all the members of the tribunal have authorized it, a presiding arbitrator may decide questions of procedure alone, without needing to convene the full panel for every scheduling or logistical matter. That keeps the case moving efficiently on procedural points while preserving majority rule for the decisions that carry the most weight for the outcome.
Frequently Asked Questions
How does a multi-member arbitral tribunal reach its decisions?
By a majority of all its members, unless the parties have agreed otherwise.
Can one arbitrator decide something without the whole panel weighing in?
Yes, but only on questions of procedure, and only if the parties or all the members of the tribunal have authorized the presiding arbitrator to decide those questions alone.
Does the presiding arbitrator's authority to decide procedural matters extend to the merits of the dispute?
No. The section limits that individual authority to questions of procedure; substantive decisions still require a majority of the tribunal.
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: majority decision arbitral tribunal californiapresiding arbitrator procedural rulings