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California Code of Civil Procedure Section 1281.91

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1281.91

1281.91.  (a) A proposed neutral arbitrator shall be disqualified if
he or she fails to comply with Section 1281.9 and any party entitled
to receive the disclosure serves a notice of disqualification within
15 calendar days after the proposed nominee or appointee fails to
comply with Section 1281.9.
   (b) (1) If the proposed neutral arbitrator complies with Section
1281.9, the proposed neutral arbitrator shall be disqualified on the
basis of the disclosure statement after any party entitled to receive
the disclosure serves a notice of disqualification within 15
calendar days after service of the disclosure statement.
   (2) A party shall have the right to disqualify one court-appointed
arbitrator without cause in any single arbitration, and may petition
the court to disqualify a subsequent appointee only upon a showing
of cause.
   (c) The right of a party to disqualify a proposed neutral
arbitrator pursuant to this section shall be waived if the party
fails to serve the notice pursuant to the times set forth in this
section, unless the proposed nominee or appointee makes a material
omission or material misrepresentation in his or her disclosure.
Except as provided in subdivision (d), in no event may a notice of
disqualification be given after a hearing of any contested issue of
fact relating to the merits of the claim or after any ruling by the
arbitrator regarding any contested matter. Nothing in this
subdivision shall limit the right of a party to vacate an award
pursuant to Section 1286.2, or to disqualify an arbitrator pursuant
to any other law or statute.
   (d) If any ground specified in Section 170.1 exists, a neutral
arbitrator shall disqualify himself or herself upon the demand of any
party made before the conclusion of the arbitration proceeding.
However, this subdivision does not apply to arbitration proceedings
conducted under a collective bargaining agreement between employers
and employees or their respective representatives.

Last modified: February 22, 2013