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§ 1297.312.Signature of Majority of Tribunal Members Sufficient

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 6. Making of Arbitral Award and Termination of Proceedings · Article 4. Form and Content of Arbitral Award · Enacted 1988 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.312 provides that, in proceedings with more than one arbitrator, the signatures of a majority of the tribunal's members satisfy the writing-and-signature requirement of Section 1297.311, provided the reason for any missing signature is stated.

Full Text of § 1297.312

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For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.

Plain-English Summary

Requiring every arbitrator's signature on an award sounds tidy in theory, but it creates an obvious problem in practice: what if one member of the panel refuses to sign, or is unavailable when the award is finalized? This section answers that problem directly for multi-arbitrator proceedings.

For purposes of Section 1297.311's signature requirement, the signatures of the majority of all the tribunal's members are sufficient, as long as the reason for any omitted signature is stated on the award itself. That keeps a single dissenting or unavailable arbitrator from holding an award hostage, while still requiring the award to be transparent about why a signature is missing rather than leaving an unexplained blank.

Frequently Asked Questions

Do all the arbitrators on a panel have to sign the award?

No. A majority of all the tribunal's members signing is sufficient, so long as the reason for any omitted signature is stated.

What happens if an arbitrator refuses to sign the award?

The award can still be valid with a majority's signatures, provided the award states the reason that arbitrator's signature is missing.

Does this section apply to a sole-arbitrator proceeding?

No. It applies specifically to arbitral proceedings with more than one arbitrator; a sole arbitrator's signature is governed by the general rule in Section 1297.311.

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 signature arbitral award panelomitted signature arbitrator reason stated