Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 1297.161 — Competence of an Arbitral Tribunal to Rule on its Jurisdiction

Cal. Civ. Proc. Code § 1297.161

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Date
1988-03-07
Current through
Nov 2, 2026 (California Legislative Counsel)

The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other…

Citator

Cal. Civ. Proc. Code § 1297.161 — Competence of an Arbitral Tribunal to Rule on its Jurisdiction is in force in the current edition of the Code, and nothing recorded condemns it.

The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract, and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.