Rule 3.816.Disqualification for conflict of interest

Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2008 · Last verified July 29, 2026

In one sentenceThis rule requires a judicial arbitrator to screen for the same conflicts that would disqualify a judge, disclose relevant relationships and past compensation to the parties, and step aside — with the case sent back for reselection — if a party proves a disqualifying conflict the arbitrator failed to disclose.

Full Text of Rule 3.816

Text sizeJump to: (a) (b) (c) (d)

(a) Arbitrator’s duty to disqualify himself or herself The arbitrator must determine whether any cause exists for disqualification upon any of the grounds set forth in Code of Civil Procedure section 170.1 governing the disqualification of judges. If any member of the arbitrator’s law firm would be disqualified under subdivision (a)(2) of section 170.1, the arbitrator is disqualified. Unless the ground for disqualification is disclosed to the parties in writing and is expressly waived by all parties in writing, the arbitrator must promptly notify the administrator of any known ground for disqualification and another arbitrator must be selected as provided in rule 3.815. (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1979, July 1, 1990, July 1, 2001, January 1, 2004, and July 1, 2004.)

(b) Disclosures by arbitrator In addition to any other disclosure required by law, no later than five days before the deadline for parties to file a motion for disqualification of the arbitrator under Code of Civil Procedure section 170.6 or, if the arbitrator is not aware of his or her appointment or of a matter subject to disclosure at that time, as soon as practicable thereafter, an arbitrator must disclose to the parties:

(1) Any matter subject to disclosure under subdivisions (D)(5)(a) and (D)(5)(b) of canon 6 of the Code of Judicial Ethics; and

(2) Any significant personal or professional relationship the arbitrator has or has had with a party, attorney, or law firm in the instant case, including the number and nature of any other proceedings in the past 24 months in which the arbitrator has been privately compensated by a party, attorney, law firm, or insurance company in the instant case for any services, including service as an attorney, expert witness, or consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or other alternative dispute resolution neutral. (Subd (b) amended effective January 1, 2008; adopted effective July 1, 2001; previously amended effective January 1, 2007.)

(c) Request for disqualification A copy of any request by a party for the disqualification of an arbitrator under Code of Civil Procedure section 170.1 or 170.6 must be sent to the ADR administrator. (Subd (c) amended effective January 1, 2007; adopted as subd (b), previously amended and relettered effective July 1, 2001; previously amended effective July 1, 1979, July 1, 1990, and January 1, 2004.)

(d) Arbitrator’s failure to disqualify himself or herself On motion of any party, made as promptly as possible under Code of Civil Procedure sections 170.l and 1141.18(d) and before the conclusion of arbitration proceedings, the appointment of an arbitrator to a case must be vacated if the court finds that:

(1) The party has demanded that the arbitrator disqualify himself or herself;

(2) The arbitrator has failed to do so; and

(3) Any of the grounds specified in section 170.1 exists. The ADR administrator must return the case to the top of the arbitration hearing list and appoint a new arbitrator. The disqualified arbitrator’s name must be returned to the list of those available for selection to hear cases, unless the court orders that the circumstances of the disqualification be reviewed by the ADR administrator, the ADR committee, or the presiding judge for appropriate action. (Subd (d) amended effective January 1, 2007; adopted as subd (c) effective January 1, 1994; previously amended and relettered effective July 1, 2001; previously amended effective January 1, 2004.)

End

Plain-English Summary

Rule 3.816 holds arbitrators to the same conflict standard judges answer to. Before hearing a case, the arbitrator has to check for any ground for disqualification listed in Code of Civil Procedure section 170.1, and if a member of the arbitrator’s own law firm would be disqualified under one part of that statute, the arbitrator is disqualified too. Unless every party agrees in writing to waive a known conflict, the arbitrator has to tell the administrator about it, which sends the case back to the selection process under rule 3.815.

Beyond that self-check, the rule requires the arbitrator to affirmatively disclose things the parties would want to know before deciding whether to challenge the appointment. That includes matters covered by the judicial ethics rules on financial and personal interests, along with any significant personal or professional tie to a party, attorney, or firm in the case — including how often, and for how much, the arbitrator has been paid by anyone connected to the case for legal, expert, or neutral work over the prior two years. These disclosures are due five days before the deadline to file a peremptory challenge to the arbitrator, or as soon as practical if the arbitrator learns of the appointment or the conflict later than that.

If an arbitrator will not step aside despite a party’s demand, the party can bring the issue to the court. When the court finds that the party asked the arbitrator to disqualify, the arbitrator refused, and a real disqualifying ground exists, it vacates the appointment. The case restarts at the top of the arbitration hearing list with a new arbitrator, and the arbitrator who was removed goes back on the roster of available arbitrators — unless the court instead wants the circumstances reviewed before that arbitrator hears anything else.

Frequently Asked Questions

What standard does an arbitrator use to decide whether to step aside?

The same disqualification grounds that apply to judges under Code of Civil Procedure section 170.1. If a member of the arbitrator’s law firm would be disqualified under one provision of that statute, the arbitrator is disqualified as well.

What must an arbitrator tell the parties before the hearing?

Matters covered by the judicial ethics rules on financial and personal interests, plus any significant personal or professional relationship with a party, attorney, or firm in the case, including compensation the arbitrator received from anyone connected to the case over the prior twenty-four months.

When are these disclosures due?

No later than five days before the deadline for parties to move to disqualify the arbitrator, or as soon as practical afterward if the arbitrator was not yet aware of the appointment or the conflict.

What happens if an arbitrator refuses to disqualify despite a party’s demand?

A party can bring a motion, and if the court finds the party demanded disqualification, the arbitrator refused, and a ground under section 170.1 exists, the court vacates the appointment and a new arbitrator is selected.

Can the parties waive a known conflict?

Yes. If a ground for disqualification is disclosed in writing and every party expressly waives it in writing, the arbitrator does not have to step aside over that ground.

Amendment History

Rule 3.816 amended effective January 1, 2008; adopted as rule 1606 effective July 1, 1976; previously amended effective July 1, 1979, July 1, 1990, January 1, 1994, July 1, 2001, January 1, 2004, and July 1, 2004; previously amended and renumbered effective January 1, 2007.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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