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California Code of Civil Procedure Section 1281.6

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1281.6

1281.6.  If the arbitration agreement provides a method of
appointing an arbitrator, that method shall be followed. If the
arbitration agreement does not provide a method for appointing an
arbitrator, the parties to the agreement who seek arbitration and
against whom arbitration is sought may agree on a method of
appointing an arbitrator and that method shall be followed. In the
absence of an agreed method, or if the agreed method fails or for any
reason cannot be followed, or when an arbitrator appointed fails to
act and his or her successor has not been appointed, the court, on
petition of a party to the arbitration agreement, shall appoint the
arbitrator.
   When a petition is made to the court to appoint a neutral
arbitrator, the court shall nominate five persons from lists of
persons supplied jointly by the parties to the arbitration or
obtained from a governmental agency concerned with arbitration or
private disinterested association concerned with arbitration. The
parties to the agreement who seek arbitration and against whom
arbitration is sought may within five days of receipt of notice of
the nominees from the court jointly select the arbitrator whether or
not the arbitrator is among the nominees. If the parties fail to
select an arbitrator within the five-day period, the court shall
appoint the arbitrator from the nominees.

Last modified: February 22, 2013