§ 1297.121.Disclosure of Information Causing Impartiality to Be Question

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 3. Composition of Arbitral Tribunals · Article 3. Grounds for Challenge · Enacted 1988 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.121 requires anyone under consideration for appointment as an international arbitrator or conciliator, and anyone already appointed, to disclose within 15 days any circumstances that might call their impartiality into question, listing bias, prior involvement in the dispute, and financial or personal ties to a party as examples.

Full Text of § 1297.121

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Except as otherwise provided in this title, all persons whose names have been submitted for consideration for appointment or designation as arbitrators or conciliators, or who have been appointed or designated as such, shall, within 15 days, make a disclosure to the parties of any information which might cause their impartiality to be questioned including, but not limited to, any of the following instances:

(a) The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.

(b) The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or he or she has been a material witness concerning it.

(c) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceeding.

(d) The person, individually or a fiduciary, or such person's spouse or minor child residing in such person's household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.

(e) The person, his or her spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person meets any of the following conditions:

(i) The person is or has been a party to the proceeding, or an officer, director, or trustee of a party.

(ii) The person is acting or has acted as a lawyer in the proceeding.

(iii) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.

(iv) The person is likely to be a material witness in the proceeding.

(f) The person has a close personal or professional relationship with a person who meets any of the following conditions:

(i) The person is or has been a party to the proceeding, or an officer, director, or trustee of a party.

(ii) The person is acting or has acted as a lawyer or representative in the proceeding.

(iii) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.

(iv) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.

(v) The person is likely to be a material witness in the proceeding.

End

Plain-English Summary

An arbitrator's authority rests on trust, and trust depends on knowing what you're trusting. This section builds that knowledge in at the start, requiring every prospective and appointed arbitrator or conciliator to disclose, within 15 days, anything that might make a party question their impartiality.

The list of examples is long, but it clusters around a few themes. Some circumstances involve the arbitrator's own stake or prior role: personal bias toward a party, prior service as a lawyer or witness in the same matter, or having arbitrated between the same parties before. Others involve money or relationships: a financial interest in the dispute or a party, or a spouse or close relative who is a party, an officer of a party, a lawyer in the case, or a likely witness. A final category reaches close personal or professional relationships with anyone who fits those same descriptions, even if the arbitrator has no direct tie.

None of this list decides whether an arbitrator must step aside. It only forces disclosure, so the parties have the information they need to decide for themselves whether to raise a challenge under the sections that follow.

Frequently Asked Questions

What must a prospective international arbitrator disclose?

Any information, within 15 days, that might cause the arbitrator's or conciliator's impartiality to be questioned, including bias, prior involvement in the matter, prior service between the same parties, financial interest, and various personal or family ties to a party, lawyer, or witness.

Does disclosing one of these circumstances automatically disqualify the arbitrator?

No. Section 1297.121 only creates a duty to disclose; whether the circumstance supports removing the arbitrator is decided separately under the challenge grounds and procedure in the sections that follow.

Who has to make this disclosure?

Anyone whose name has been submitted for consideration as an arbitrator or conciliator, and anyone already appointed or designated as one.

Does a close friendship with a party's lawyer have to be disclosed?

Yes. Subdivision (f) extends the disclosure duty to close personal or professional relationships with someone who is a party, a party's officer, a lawyer or representative in the proceeding, a likely arbitrator, an interested person, or a likely witness.

Amendment History

Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.

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

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