§ 1297.180. — 1297.180. (Added by Stats. 2024, Ch. 90, Sec. 18.)

California § 1297.180.

• Jurisdiction: 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

Text

(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 that any of the following conditions are met:
(A)
A party to the arbitration agreement was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, under the law of the jurisdiction where the interim measure was made.
(B)
The party against whom the interim measure is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or
was otherwise unable to present its case.
(C)
The interim measure deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the interim measure which contains decisions on matters submitted to arbitration may be recognized and enforced.
(D)
The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the jurisdiction where the arbitration took place.
(E)
The arbitral tribunal’s decision with respect to the provision of security in
connection with the interim measure issued by the arbitral tribunal has not been complied with.
(F)
The court otherwise determines that the arbitral tribunal did not have jurisdiction pursuant to Section 1297.95.
(G)
The interim measure has been terminated or suspended by the arbitral tribunal, or, where so empowered, by the court of the jurisdiction in which the arbitration took place or under the law of which that interim measure was granted.
(2)
If the court finds that any of the following conditions are met:
(A)
The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt the interim measure to its own powers and procedures for the purposes
of enforcing that interim measure and without modifying its substance.
(B)
The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States.
(C)
The recognition or enforcement of the interim measure would be contrary to the public policy of the United States.
(b)
Any determination made by the court on any ground in subdivision (a) shall be effective only for the purposes of the application to recognize and enforce the interim measure. The court in which recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.

Legislative History

Added by Stats. 2024, Ch. 90, Sec. 18. (AB 1903) Effective January 1, 2025.