California § 1297.172. 1297.172. (Amended by Stats. 2024, Ch. 90, Sec. 10.)

California Statutes

§ 1297.172. — 1297.172. (Amended by Stats. 2024, Ch. 90, Sec. 10.)

California·Code CCP Code of Civil Procedure - CCP·Title 9.3.·Part 3. TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES·Ch. 4. CHAPTER 4. Jurisdiction of Arbitral Tribunals·Art. 2. ARTICLE 2. Interim Measures Ordered by Arbitral Tribunals

(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 both of the following conditions are met:

(1)Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted.

(2)There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.

(b)With regard to a request for an interim measure under paragraph (4) of subdivision (b) of Sect

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(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 both of the following conditions are met:
(1)
Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted.
(2)
There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making
any subsequent determination.
(b)
With regard to a request for an interim measure under paragraph (4) of subdivision (b) of Section 1297.171, the requirements in paragraphs (1) and (2) of subdivision (a) shall apply only to the extent the arbitral tribunal considers appropriate.

California § 1297.172. (1297.172. (Amended by Stats. 2024, Ch. 90, Sec. 10.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.