Dinong

The issue in this proceeding for extraordinary relief is whether parties to an arbitration contract must each designate as their arbitrator a person who is neutral with regard to the subject controversy.

Respondent court, in response to motions by each party seeking disqualification of the other’s nominated arbitrator, entered an order disqualifying both on the ground that they lacked impartiality. Respondent thereafter denied a motion for reconsideration. This petition followed.

The arbitrator nominated by petitioners (plaintiffs in the underlying medical malpractice action and one party) is a Sacramento trial attorney who has frequently represented plaintiffs in medical malpractice actions, and more specifically has participated in such actions against the present principal defendants (the other party). The arbitrator nominated by defendants (and real parties in interest) is an attorney whose firm is active in the representation of the principal defendants, Kaiser Foundation Hospital and Kaiser Permanente Medical Group.

The disqualification motions asserted various of the grounds set forth in Code of Civil Procedure section 170, relating to disqualification of…