Code of Civil Procedure § 1297.161

ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction

Current as of September 28, 2026Code Civ. Proc., § 1297.161Official source ↗

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

The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract, and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.