In considering a request for interim relief, the court shall give preclusive effect to any and all findings of fact of the arbitral tribunal including the probable validity of the claim which is the subject of the award for interim relief and which the arbitral tribunal has previously granted in the proceeding in question, provided that such interim award is consistent with public policy.
§ 1297.94.Preclusive Effect Given to Findings of Fact of Arbitral Tribunal
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 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.94 requires a court considering a request for interim relief to give preclusive effect to the arbitral tribunal's own findings of fact, including its assessment of the probable validity of a claim underlying an interim award the tribunal has already granted, provided that award is consistent with public policy.
Full Text of § 1297.94
Plain-English Summary
Once an arbitral tribunal has already made findings on a dispute -- including granting its own interim award -- this section tells the court not to relitigate that ground when a party comes to court seeking interim relief. The court has to give preclusive effect to the tribunal's findings of fact, including the tribunal's own assessment of how likely the underlying claim is to succeed, when that assessment supported an interim award the tribunal already granted in the same proceeding.
That deference is not unconditional. It holds only so long as the tribunal's interim award is consistent with public policy. A court is not required to treat a tribunal's findings as conclusive if honoring them would mean enforcing something that conflicts with California public policy -- that qualifier keeps the deference from becoming a rubber stamp in every case.
Frequently Asked Questions
Does the court reconsider the facts the arbitral tribunal already found?
No, generally -- the court must give preclusive effect to the tribunal's findings of fact when ruling on a request for interim relief.
What happens to the tribunal's assessment of how likely a claim is to succeed?
The court gives preclusive effect to that assessment too, if it supported an interim award the tribunal already granted.
Is there any limit on how much deference the court owes the tribunal's findings?
Yes -- the preclusive effect applies only if the tribunal's interim award is consistent with public policy.
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: preclusive effect tribunal findings interim reliefpublic policy limit arbitral tribunal deference