(a) Immediately after the arbitral tribunal has made a determination with respect to an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including the content of any oral communication, between any party and the arbitral tribunal in relation thereto.
§ 1297.174.Specific Regime For 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 1297.174 requires the tribunal to promptly notify all parties of a preliminary order and the record behind it, give the affected party an early opportunity to respond, decide objections promptly, and let the order expire after 20 days unless the tribunal converts it into an interim measure after notice and a hearing.
Full Text of § 1297.174
(b) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time.
(c) The arbitral tribunal shall decide promptly on any objection to the preliminary order.
(d) A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.
(e) A preliminary order shall be binding on the parties, but shall not be subject to enforcement by a court. Such a preliminary order does not constitute an award.
Plain-English Summary
A preliminary order under Section 1297.173 can be issued without warning to the party it affects, but this section makes sure that party gets its say soon after. Once the tribunal has ruled on the preliminary-order application, it has to tell everyone about the request, the application, the order itself, and any other communications between the requesting party and the tribunal connected to it. The affected party then gets an opportunity to present its case at the earliest practicable time, and the tribunal has to rule promptly on any objection that party raises.
The order itself does not last long on its own. It expires 20 days after the tribunal issues it. Before that clock runs out, though, the tribunal can convert the preliminary order into a full interim measure -- adopting or modifying it -- once the affected party has had notice and a chance to be heard. Until or unless that happens, the preliminary order binds the parties but is not enforceable by a court and does not count as an award.
Frequently Asked Questions
Does the party affected by a preliminary order get a chance to respond?
Yes -- the tribunal must give that party an opportunity to present its case at the earliest practicable time.
How long does a preliminary order last?
It expires 20 days after the tribunal issues it, unless the tribunal converts it into an interim measure before then.
Can a court enforce a preliminary order?
No -- a preliminary order binds the parties but is not subject to enforcement by a court and is not an award.
Amendment History
Added by Stats 2024 ch 90 (AB 1903),s 12, 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 notice and expiration arbitration20 day preliminary order rule california