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Code Civ. Proc., § 1297.172 · Article 2. Interim Measures Ordered by Arbitral Tribunals

Code Civ. Proc., § 1297.172

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) The party requesting an interim measure under paragraph (1), (2), or (3) of subdivision (b) of Section 1297.171 shall satisfy the arbitral tribunal that both of the following conditions are met:

(1) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted.

(2) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.

(b) With regard to a request for an interim measure under paragraph (4) of subdivision (b) of Section 1297.171, the requirements in paragraphs (1) and (2) of subdivision (a) shall apply only to the extent the arbitral tribunal considers appropriate.

Notes and commentary — not statutory text

History

Amended by Stats. 2024, Ch. 90, Sec. 10. (AB 1903) Effective January 1, 2025.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1297.172.
Text hash
sha256 91758dd2efacf9d155bafefbda8ceb949c5af2d1eabd2db67863712e9e1313b7
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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