ARTICLE 3. Court-Ordered Interim Measures [1297.90. - 1297.95.]

Cal. Code of Civil Procedure - CCP 3.

in effect

Cal. Code of Civil Procedure - CCP § 1297.90. Section 1297.90.

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.

Cal. Code of Civil Procedure - CCP § 1297.91. Section 1297.91.

A superior court shall have the same power to issue an interim measure of protection in relation to arbitration proceedings, irrespective of whether the place of arbitration is in California, as it has in relation to proceedings filed in the first instance in the superior courts.

Cal. Code of Civil Procedure - CCP § 1297.92. Section 1297.92.

Any party to an arbitration governed by this title may request the superior court to enforce an interim measure of protection granted by an arbitral tribunal pursuant to Article 2 (commencing with Section 1297.171) of Chapter 4.

Cal. Code of Civil Procedure - CCP § 1297.93. Section 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.

Cal. Code of Civil Procedure - CCP § 1297.94. Section 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.

Cal. Code of Civil Procedure - CCP § 1297.95. Section 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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026