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.
§ 1297.163.Raising Plea that Tribunal Exceeding 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 1297.163 requires a party who believes the arbitral tribunal is exceeding the scope of its authority to raise that objection as soon as the matter alleged to be beyond the tribunal's authority comes up during the proceedings.
Full Text of § 1297.163
Plain-English Summary
This section covers a different problem from the one Section 1297.162 addresses. That section is about whether the tribunal has any authority over the case at all; this one is about whether the tribunal, mid-proceeding, is reaching beyond the bounds of the authority it does have -- taking up an issue the parties never agreed to arbitrate, for example.
Because the problem can surface at any point in the proceedings rather than only at the outset, the timing rule is tied to when it happens rather than to a fixed filing. A party has to object as soon as the tribunal takes up, or is about to take up, the matter alleged to exceed its authority. Sitting on the objection risks losing it, subject again to the tribunal's discretion under Section 1297.164 to excuse a justified delay.
Frequently Asked Questions
When must a party object that the tribunal is exceeding its authority?
As soon as the matter said to exceed the tribunal's authority is raised during the arbitral proceedings.
How is this different from a challenge to the tribunal's jurisdiction under Section 1297.162?
Section 1297.162 concerns whether the tribunal has authority over the case at all; this section concerns whether the tribunal is going beyond the authority it has, which can happen at any point during the proceedings.
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: arbitral tribunal exceeding authority objectionscope of authority challenge arbitration