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 arbitrator.
§ 1297.162.Raising Plea Tribunal Without Jurisdiction
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 4. Jurisdiction of Arbitral Tribunals · Article 1. Competence of an Arbitral Tribunal to Rule on its Jurisdiction · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.162 requires a party to raise a challenge to the arbitral tribunal's jurisdiction no later than the statement of defense, though appointing or helping appoint an arbitrator does not by itself waive that challenge.
Full Text of § 1297.162
Plain-English Summary
This section sets the deadline for the most basic jurisdictional objection: that the tribunal has no business hearing the case at all. A party who wants to make that argument has to raise it by the time it files its statement of defense. Wait past that point, and the objection is generally lost.
The section also heads off an argument the other side might otherwise make: that a party gave up its right to object just by taking part in choosing the arbitrators. Appointing an arbitrator, or joining in that appointment, does not waive a jurisdictional challenge on its own. A party can help build the tribunal and still argue, once the case gets underway, that the tribunal has no power to decide it.
Frequently Asked Questions
By when must a party object that the tribunal lacks jurisdiction?
No later than the submission of the statement of defense.
Does helping appoint an arbitrator waive the right to challenge jurisdiction later?
No -- participating in the appointment of an arbitrator does not by itself prevent a party from raising the objection.
What happens if a party misses the statement-of-defense deadline?
The tribunal may still admit a later plea if it considers the delay justified, under Section 1297.164.
Amendment History
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
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: challenge arbitral tribunal jurisdiction deadlinewaiver of jurisdictional objection arbitration