§ 1297.95 Absence of ruling by tribunal to objection to its jurisdiction; independent finding by court; effect

Codes > California Code of Civil Procedure > Part 3 > Title 9.3 > 1297.95

§ 1297.95. Absence of ruling by tribunal to objection to its jurisdiction; independent finding by court; effect

    Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal's findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the cou rt rules that the arbitral tribunal did not have jurisdiction, the application for interim measures of relief shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceeding.