(a) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
§ 1297.176.Provision of Security
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 1297.176 lets the arbitral tribunal require security from a party requesting an interim measure and generally requires security from a party requesting a preliminary order, unless the tribunal considers security inappropriate or unnecessary for the order.
Full Text of § 1297.176
(b) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so.
Plain-English Summary
Interim relief can impose real costs on the party it targets, and this section gives the tribunal a tool to protect against that risk before granting it. For an ordinary interim measure, the tribunal has discretion -- it may require the requesting party to post appropriate security connected to the measure, but does not have to.
For a preliminary order, the default flips. Because that relief can be granted without notice to the affected party, the tribunal generally has to require security from the party applying for it, unless the tribunal considers doing so inappropriate or unnecessary under the circumstances. The heightened default reflects the greater risk of an order issued before the other side has been heard.
Frequently Asked Questions
Is the tribunal required to demand security before granting an interim measure?
No -- for an ordinary interim measure, the tribunal may require security but is not required to.
Is security mandatory for a preliminary order?
Generally yes -- the tribunal must require security from the party applying for a preliminary order, unless the tribunal considers it inappropriate or unnecessary.
Amendment History
Added by Stats 2024 ch 90 (AB 1903),s 14, 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: security for interim measure arbitration californiabond requirement preliminary order arbitral tribunal