(a) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.
§ 1297.173.Applications For Preliminary Orders and Conditions For Granting Preliminary Orders
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 4. Jurisdiction of Arbitral Tribunals · Article 2. Interim Measures Ordered by Arbitral Tribunals · Enacted 1903 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.173 lets a party request an interim measure together with a preliminary order barring the other side from undermining that measure, without advance notice, if the tribunal considers that disclosing the request in advance would risk frustrating its purpose.
Full Text of § 1297.173
(b) The arbitral tribunal may grant a preliminary order provided that it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure.
Plain-English Summary
Some interim relief only works if the other side does not find out about it until it is too late to interfere. This section lets a party ask for an interim measure and, at the same time, without telling the other side first, ask for a preliminary order directing that party not to undermine the purpose of the measure being sought.
The tribunal will grant that preliminary order only if it thinks advance disclosure to the affected party would risk frustrating the very relief being requested. And the same showing Section 1297.172 requires for the underlying interim measure applies to the preliminary order too, except that the harm being weighed is the harm that would result from granting or denying the order itself, rather than the harm tied to the eventual interim measure.
Frequently Asked Questions
Can a party ask for interim relief without telling the other side first?
Yes -- a party may request an interim measure together with a preliminary order without notice to any other party.
When will the tribunal grant a preliminary order without notice?
Only if it considers that prior disclosure of the request risks frustrating the purpose of the interim measure sought.
Does the same showing required for interim measures apply to a preliminary order?
Yes, with one adjustment -- the harm assessed is the harm likely to result from the preliminary order itself being granted or not.
Amendment History
Added by Stats 2024 ch 90 (AB 1903),s 11, eff. 1/1/2025.
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 order without notice arbitration californiaex parte interim relief arbitral tribunal