CHAPTER 4. Jurisdiction of Arbitral Tribunals [1297.161. - 1297.180.]

Chapter 4 added by Stats. 1988, Ch. 23, Sec. 1.

§§ 1297.161–1297.180 · 17 sections

1. ARTICLE 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction §§ 1297.161–1297.167 · 7 sections

   • § 1297.161 The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration…
   • § 1297.162 A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a party is not…
   • § 1297.163 A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority…
   • § 1297.164 The arbitral tribunal may, in either of the cases referred to in Sections 1297.162 and 1297.163, admit a later plea if it considers the delay justified.
   • § 1297.165 The arbitral tribunal may rule on a plea referred to in Sections 1297.162 and 1297.163 either as a preliminary question or in an award on the merits.
   • § 1297.166 If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having…
   • § 1297.167 While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award.
2. ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals §§ 1297.171–1297.180 · 10 sections

   • § 1297.171 (a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures of protection. (b) An interim measure…
   • § 1297.172 (a) The party requesting an interim measure under paragraph (1), (2), or (3) of subdivision (b) of Section 1297.171 shall satisfy the arbitral tribunal that…
   • § 1297.173 (a) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application…
   • § 1297.174 (a) Immediately after the arbitral tribunal has made a determination with respect to an application for a preliminary order, the arbitral tribunal shall give…
   • § 1297.175 The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party, or in…
   • § 1297.176 (a) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (b) The arbitral…
   • § 1297.177 (a) The arbitral tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the measure was requested…
   • § 1297.178 The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any…
   • § 1297.179 (a) An interim measure issued by an arbitral tribunal shall be recognized as final and binding, and, unless otherwise provided by the arbitral tribunal, may be…
   • § 1297.180 (a) Recognition or enforcement of an interim measure may be refused only: (1) At the request of the party against whom it is invoked if the court is satisfied…