§ 1281.6.Method of Appointing Arbitrator; Petition Made to Court to Appoint Neutral Arbitrator

Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Last amended 2002 · Last verified July 29, 2026

In one sentenceSection 1281.6 follows the arbitration agreement's own method for appointing an arbitrator when it has one, lets the parties agree on a method when the agreement doesn't, and otherwise has the court appoint the arbitrator, nominating five candidates and giving the parties five days to jointly select one before the court appoints from that list.

Full Text of § 1281.6

Text size

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.

End

Plain-English Summary

Picking an arbitrator starts with the agreement itself. If it spells out a method for appointing one, that method controls. If the agreement is silent, the parties who are seeking and resisting arbitration can agree on their own method instead. Only when neither the agreement nor the parties' own arrangement works -- because there's no agreed method, the method fails, or an appointed arbitrator stops acting and no successor has been named -- does the court step in in to appoint the arbitrator.

For a neutral arbitrator specifically, the court follows a defined process. It nominates five people, drawn from lists the parties jointly supply or from a governmental or private arbitration-focused organization. The parties then have five days after receiving those nominees to jointly select an arbitrator, and they aren't limited to the five names on the list -- they can agree on someone else entirely. Only if the parties can't agree within that five-day window does the court appoint the arbitrator from among its own nominees.

Frequently Asked Questions

Who selects the arbitrator in a California arbitration?

Whatever method the arbitration agreement itself specifies, if it has one; otherwise, a method the parties agree on, or, failing that, an arbitrator the court appoints.

What happens if the arbitration agreement doesn't say how to pick an arbitrator?

The parties seeking and resisting arbitration can agree on their own method; if they can't, the court appoints the arbitrator under § 1281.6.

How does the court's nomination process work for a neutral arbitrator?

The court nominates five candidates from lists the parties supply or from arbitration-focused organizations; the parties then have five days to jointly pick one (from the list or elsewhere), and the court appoints from its nominees only if they don't.

Amendment History

Amended by Stats 2001 ch 362 (SB 475), s 3, eff. 1/1/2002.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: how is an arbitrator appointed californiacourt appointed neutral arbitrator process