If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having received notice of that ruling, to decide the matter or shall be deemed to have waived objection to such finding.
§ 1297.166.Time For Requesting Superior Court to Decide Matter
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 1297.166 gives a party 30 days after notice of a preliminary tribunal ruling that it has jurisdiction to ask the superior court to decide the question instead, or the party is deemed to have waived its objection.
Full Text of § 1297.166
Plain-English Summary
This section supplies the immediate check on a preliminary jurisdictional ruling. When the tribunal decides, as a preliminary matter, that it has jurisdiction, the losing side is not stuck waiting for the final award to challenge that call. It can go to the superior court and ask the court to decide the jurisdictional question itself.
That option comes with a firm clock attached. The request has to reach the court within 30 days after the party receives notice of the tribunal's ruling. Miss that window, and the party is deemed to have waived its objection to the tribunal's finding -- the jurisdictional fight is over, at least on that ground, and the arbitration proceeds on the tribunal's own say-so about its authority.
Frequently Asked Questions
How long does a party have to ask the court to review a preliminary jurisdiction ruling?
30 days after receiving notice of the tribunal's ruling that it has jurisdiction.
What happens if a party misses the 30-day deadline?
The party is deemed to have waived its objection to the tribunal's jurisdictional finding.
Does asking the court to decide stop the arbitration in the meantime?
No -- Section 1297.167 lets the tribunal continue the proceedings and even issue an award while the court request is pending.
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: 30 day deadline court review arbitral jurisdictionwaiver of jurisdiction objection arbitration