§ 1281.8.Application For Provisional Remedy In Connection With Arbitrable Controversy
Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Enacted 1989 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1281.8 lets a party to an arbitration agreement seek attachments, writs of possession, injunctive relief, or a receiver from a court in connection with an arbitrable controversy without waiving arbitration rights, so long as the applicant also asks to stay the rest of the action, and bars denying the remedy solely because the opponent disputes arbitrability.
(b)A party to an arbitration agreement may file in the court in the county in which an arbitration proceeding is pending, or if an arbitration proceeding has not commenced, in any proper court, an application for a provisional remedy in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief. The application shall be accompanied by a complaint or by copies of the demand for arbitration and any response thereto. If accompanied by a complaint, the application shall also be accompanied by a statement stating whether the party is or is not reserving the party's right to arbitration.
(c)A claim by the party opposing issuance of a provisional remedy, that the controversy is not subject to arbitration, shall not be grounds for denial of any provisional remedy.
(d)An application for a provisional remedy under subdivision (b) shall not operate to waive any right of arbitration which the applicant may have pursuant to a written agreement to arbitrate, if, at the same time as the application for a provisional remedy is presented, the applicant also presents to the court an application that all other proceedings in the action be stayed pending the arbitration of any issue, question, or dispute which is claimed to be arbitrable under the agreement and which is relevant to the action pursuant to which the provisional remedy is sought.
Plain-English Summary
Arbitration can take time to get moving, and a party sometimes needs a court's help right away to keep the dispute from becoming moot -- freezing assets, recovering possession of property, stopping ongoing harm, or putting a receiver in charge. This section defines "provisional remedy" to include attachments and temporary protective orders, writs of possession, preliminary injunctions and temporary restraining orders, and court-appointed receivers, and lets a party file for one in the county where an arbitration is pending, or in any proper court if arbitration hasn't started yet.
The catch is the ground for relief: a provisional remedy under this section is available only on the theory that, without it, any eventual arbitration award might be rendered ineffectual. The application has to come with a complaint, or with copies of the arbitration demand and any response, and if it's paired with a complaint, the applicant has to state whether arbitration rights are being reserved.
Two protections round out the section. The party opposing the provisional remedy can't defeat it just by arguing the underlying controversy isn't arbitrable in the first place -- that argument isn't grounds for denial. And seeking a provisional remedy doesn't waive the applicant's arbitration rights, so long as the applicant also asks, at the same time, to stay the rest of the court proceedings pending arbitration of the arbitrable issues.
Frequently Asked Questions
What provisional remedies can a party seek while arbitration is pending?
Attachments and temporary protective orders, writs of possession, preliminary injunctions and temporary restraining orders, and receivers, under § 1281.8(a).
Does asking for a provisional remedy waive the right to arbitrate?
No, so long as the applicant also asks, at the same time, that the rest of the proceedings be stayed pending arbitration.
Can the opposing party defeat a provisional remedy by arguing the dispute isn't arbitrable?
No. Section 1281.8(c) bars denying a provisional remedy solely on that ground.
On what ground can a provisional remedy be granted here?
Only on the ground that the eventual arbitration award might be rendered ineffectual without provisional relief.
Amendment History
Added by Stats. 1989, Ch. 470, Sec. 2.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:provisional remedy arbitration californiaattachment pending arbitrationpreliminary injunction arbitration