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.
§ 1297.165.Plea Rules On As Preliminary Question Or Award On Merits
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 1297.165 lets the arbitral tribunal decide a jurisdictional or excess-of-authority plea under Sections 1297.162 or 1297.163 either as a standalone preliminary ruling or as part of the final award on the merits.
Full Text of § 1297.165
Plain-English Summary
Once a jurisdictional or excess-of-authority objection is properly before the tribunal, this section gives the tribunal a choice about how to handle it. The tribunal can stop and rule on the objection right away, as a preliminary matter, before going any further into the merits. Or it can fold that ruling into the final award, deciding jurisdiction and the merits together at the end.
That choice matters for what happens next. A preliminary ruling that the tribunal has jurisdiction triggers the 30-day window in Section 1297.166 to ask a court to weigh in; a ruling saved for the final award does not create that same immediate opportunity for court review, since there is no separate preliminary decision to challenge.
Frequently Asked Questions
Does the tribunal have to rule on a jurisdictional objection right away?
No -- it may decide the objection as a preliminary question or wait and rule on it in the award on the merits.
Why does it matter whether the tribunal rules early or waits until the final award?
An early, preliminary ruling that the tribunal has jurisdiction opens the 30-day court-review window in Section 1297.166; folding the ruling into the final award does not create that same immediate window.
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: preliminary jurisdictional ruling arbitration californiatribunal ruling on jurisdiction merits award