SECTIONS 1297.161-1297.167 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1297.161-1297.167

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 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.

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 precluded from raising
such a plea by the fact that he or she has appointed, or participated
in the appointment of, an arbitrator.

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 is raised during the arbitral
proceedings.

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 received notice of that ruling, to
decide the matter or shall be deemed to have waived objection to such
finding.

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.