SECTIONS 1297.91-1297.95 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1297.91-1297.95

1297.91. It is not incompatible with an arbitration agreement for a
party to request from a superior court, before or during arbitral
proceedings, an interim measure of protection, or for the court to
grant such a measure.

1297.92. Any party to an arbitration governed by this title may
request from the superior court enforcement of an award of an
arbitral tribunal to take any interim measure of protection of an
arbitral tribunal pursuant to Article 2 (commencing with Section
1297.171) of Chapter 4. Enforcement shall be granted pursuant to the
law applicable to the granting of the type of interim relief
requested.

1297.93. Measures which the court may grant in connection with a
pending arbitration include, but are not limited to:
(a) An order of attachment issued to assure that the award to
which applicant may be entitled is not rendered ineffectual by the
dissipation of party assets.
(b) A preliminary injunction granted in order to protect trade
secrets or to conserve goods which are the subject matter of the
arbitral dispute.

1297.94. In considering a request for interim relief, the court
shall give preclusive effect to any and all findings of fact of the
arbitral tribunal including the probable validity of the claim which
is the subject of the award for interim relief and which the arbitral
tribunal has previously granted in the proceeding in question,
provided that such interim award is consistent with public policy.

1297.95. Where the arbitral tribunal has not ruled on an objection
to its jurisdiction, the court shall not grant preclusive effect to
the tribunal's findings until the court has made an independent
finding as to the jurisdiction of the arbitral tribunal. If the court
rules that the arbitral tribunal did not have jurisdiction, the
application for interim measures of relief shall be denied. Such a
ruling by the court that the arbitral tribunal lacks jurisdiction is
not binding on the arbitral tribunal or subsequent judicial
proceeding.