A superior court shall have the same power to issue an interim measure of protection in relation to arbitration proceedings, irrespective of whether the place of arbitration is in California, as it has in relation to proceedings filed in the first instance in the superior courts.
§ 1297.91.Power of Superior Court
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration · Article 3. Court-Ordered Interim Measures · Enacted 1903 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.91 gives the superior court the same power to issue interim measures of protection in connection with arbitration proceedings, regardless of where the arbitration is seated, that it has over civil proceedings filed originally in the superior court.
Full Text of § 1297.91
Plain-English Summary
This section fixes the court's authority at the same level whether the underlying arbitration is happening in California or somewhere else entirely. The superior court has the same power to issue an interim measure of protection connected to arbitration proceedings as it has for an ordinary civil action filed there in the first instance -- and that power does not depend on the arbitration's seat being in this state.
That matters for parties involved in international commercial arbitrations seated abroad but with assets, evidence, or exposure in California. This section confirms a California court is not powerless to grant provisional relief just because the arbitration itself is happening under another jurisdiction's procedural umbrella.
Frequently Asked Questions
Does it matter where the arbitration is seated for the court's interim-measure power?
No -- Section 1297.91 gives the superior court the same power regardless of whether the place of arbitration is in California.
How much power does the court have to grant interim relief connected to arbitration?
The same power it has over proceedings originally filed in the superior court.
Amendment History
Added by Stats 2024 ch 90 (AB 1903),s 7, 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: court power interim relief foreign arbitration seatsuperior court arbitration interim measures