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.
§ 1297.164.Admission of Later Plea If Delay Justified
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 1297.164 lets the arbitral tribunal admit a late jurisdictional or excess-of-authority plea under Sections 1297.162 or 1297.163 if the tribunal considers the delay in raising it justified.
Full Text of § 1297.164
Plain-English Summary
Sections 1297.162 and 1297.163 set deadlines for raising jurisdictional and excess-of-authority objections, but this section keeps those deadlines from becoming rigid traps. If a party misses either deadline, the tribunal still has discretion to accept the late plea when it finds the delay justified.
That discretion belongs to the tribunal, not to a fixed rule or formula. A party arguing for a late plea has to persuade the arbitrators that its reasons for the delay hold up, but there is no automatic bar just because the statement-of-defense or as-soon-as-raised deadline has passed.
Frequently Asked Questions
Can a party still raise a jurisdictional objection after missing the deadline in Section 1297.162?
Yes, if the tribunal considers the delay justified.
Who decides whether a late plea gets excused?
The arbitral tribunal, using its own judgment about whether the delay was justified.
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: late jurisdictional plea arbitration californiaexcusing delay in raising jurisdiction objection