While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award.
§ 1297.167.Continuation of Proceedings While Request Pending
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 1297.167 lets the arbitral tribunal continue the arbitral proceedings and issue an arbitral award while a party's request under Section 1297.166 asking the superior court to decide the tribunal's jurisdiction is still pending.
Full Text of § 1297.167
Plain-English Summary
Without this section, a party could stall an entire arbitration just by asking a court to review the tribunal's jurisdiction and then letting that request sit unresolved. This section closes that door. The tribunal is free to keep arbitrating, and even to issue a full award, while the court still has the jurisdictional question in front of it.
That freedom to press ahead is not mandatory, but it protects the arbitration's momentum. Parties who would rather use a court challenge as a delay tactic get no automatic stay out of it, and the tribunal can weigh for itself how much confidence it has in its own jurisdictional ruling as it decides whether to keep moving.
Frequently Asked Questions
Does a pending court request under Section 1297.166 automatically pause the arbitration?
No -- the tribunal may continue with the arbitral proceedings and even make an award while the request is pending.
Is the tribunal required to keep arbitrating while the court decides jurisdiction?
No -- the section gives the tribunal the option to continue, not an obligation to do so.
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: arbitration continues during court jurisdiction reviewtribunal award pending court request