California Code of Civil Procedure 1282 – Unless the arbitration agreement otherwise provides, or unless the …
Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration agreement as made or as modified by all of the parties thereto:
(a) The arbitration shall be by a single neutral arbitrator.
Terms Used In California Code of Civil Procedure 1282
- Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
- Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
- Neutral arbitrator: means an arbitrator who is (1) . See California Code of Civil Procedure 1280
(b) If there is more than one arbitrator, the powers and duties of the arbitrators, other than the powers and duties of a neutral arbitrator, may be exercised by a majority of them if reasonable notice of all proceedings has been given to all arbitrators.
(c) If there is more than one neutral arbitrator:
(1) The powers and duties of a neutral arbitrator may be exercised by a majority of the neutral arbitrators.
(2) By unanimous agreement of the neutral arbitrators, the powers and duties may be delegated to one of their number but the power to make or correct the award may not be so delegated.
(d) If there is no neutral arbitrator, the powers and duties of a neutral arbitrator may be exercised by a majority of the arbitrators.
(Amended by Stats. 1997, Ch. 445, Sec. 3. Effective January 1, 1998.)