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Code of Civil Procedure - CCP - CCP § 1297.133

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.133

Unless the arbitrator challenged under Section 1297.132 withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

Code of Civil Procedure - CCP - CCP § 1297.134

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.134

If a challenge following the procedure under Section 1297.133 is not successful, the challenging party may request the superior court, within 30 days after having received notice of the decision rejecting the challenge, to decide on the challenge. If a challenge is based upon the

Code of Civil Procedure - CCP - CCP § 1297.135

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.135

The decision of the superior court under Section 1297.134 is final and is not subject to appeal.

Code of Civil Procedure - CCP - CCP § 1297.136

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.136

While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award.

Code of Civil Procedure - CCP - CCP § 1297.14

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.14

For the purposes of Section 1297.13, if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement, and if a party does not have a place of business, reference is to be made to his habitual residence.

Code of Civil Procedure - CCP - CCP § 1297.141

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.141

The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, and he withdraws from his or her office or the parties agree to the termination of his or her mandate.

Code of Civil Procedure - CCP - CCP § 1297.142

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.142

If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the termination of the mandate.

Code of Civil Procedure - CCP - CCP § 1297.143

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.143

A decision of the superior court under Section 1297.142 is not subject to appeal.

Code of Civil Procedure - CCP - CCP § 1297.144

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.144

If, under this section or Section 1297.132, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in Section 1297.132.

Code of Civil Procedure - CCP - CCP § 1297.15

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.15

For the purposes of Section 1297.13, the states of the United States, including the District of Columbia, shall be considered one state.

Code of Civil Procedure - CCP - CCP § 1297.151

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.151

In addition to the circumstances referred to under Article 4 (commencing with Section 1297.131) and Article 5 (commencing with Section 1297.141) of this chapter, the mandate of an arbitrator terminates upon his or her withdrawal from office for any reason, or by or pursuant to ag

Code of Civil Procedure - CCP - CCP § 1297.152

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.152

Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

Code of Civil Procedure - CCP - CCP § 1297.153

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.153

Unless otherwise agreed by the parties: (a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated. (b) Where an arbitrator other than the sole or presiding arbitrator is replaced, any hearings previously held may be repeated at the dis

Code of Civil Procedure - CCP - CCP § 1297.154

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.154

Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal.

Code of Civil Procedure - CCP - CCP § 1297.16

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.16

An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature including, but not limited to, any of the following: (a) A transaction for the supply or exchange of goods or services. (b) A distribution agreement. (c) A commercial

Code of Civil Procedure - CCP - CCP § 1297.161

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 independe

Code of Civil Procedure - CCP - CCP § 1297.162

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 a

Code of Civil Procedure - CCP - CCP § 1297.163

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1297.164

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1297.165

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1297.166

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1297.167

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1297.17

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.17

This title shall not affect any other law in force in California by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only in accordance with provisions other than those of this title. Notwithstanding the foregoing, this title

Code of Civil Procedure - CCP - CCP § 1297.171

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.171

(a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures of protection. (b) An interim measure of protection, or interim measure, is any temporary measure, whether in the form of an award or in another form, by which

Code of Civil Procedure - CCP - CCP § 1297.172

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.172

(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 t