§ 1297.180.Grounds For Refusing Recognition Or Enforcement

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 4. Jurisdiction of Arbitral Tribunals · Article 2. Interim Measures Ordered by Arbitral Tribunals · Enacted 1903 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.180 limits refusal of recognition or enforcement of an arbitral interim measure to specific party-raised defenses like incapacity or lack of jurisdiction and specific court-raised findings like non-arbitrability or conflict with public policy, and confines any such determination to the enforcement application without reviewing the measure's substance.

Full Text of § 1297.180

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(a) Recognition or enforcement of an interim measure may be refused only:

(1) At the request of the party against whom it is invoked if the court is satisfied that any of the following conditions are met:

(A) A party to the arbitration agreement was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, under the law of the jurisdiction where the interim measure was made.

(B) The party against whom the interim measure is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present its case.

(C) The interim measure deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the interim measure which contains decisions on matters submitted to arbitration may be recognized and enforced.

(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the jurisdiction where the arbitration took place.

(E) The arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with.

(F) The court otherwise determines that the arbitral tribunal did not have jurisdiction pursuant to Section 1297.95.

(G) The interim measure has been terminated or suspended by the arbitral tribunal, or, where so empowered, by the court of the jurisdiction in which the arbitration took place or under the law of which that interim measure was granted.

(2) If the court finds that any of the following conditions are met:

(A) The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt the interim measure to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance.

(B) The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States.

(b) Any determination made by the court on any ground in subdivision (a) shall be effective only for the purposes of the application to recognize and enforce the interim measure. The court in which recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.

End

Plain-English Summary

This section is the checklist a court has to work through -- and cannot go beyond -- when a party resists enforcing an interim measure. One set of grounds requires the objecting party to satisfy the court of a specific defect: incapacity or an invalid arbitration agreement, lack of proper notice or an inability to present its case, a measure that reaches beyond what the parties submitted to arbitration (though a severable, in-scope portion may still be enforced), a tribunal or procedure that did not match the parties' agreement or the law of the arbitral seat, non-compliance with the tribunal's own security decision, a court finding that the tribunal lacked jurisdiction under Section 1297.95, or a measure already terminated or suspended by the tribunal or a competent court.

A second set of grounds the court can raise on its own, without a party asking: that the measure is incompatible with the court's own powers -- unless the court can reformulate it to fit those powers without changing its substance -- that the dispute is not one U.S. law lets parties settle by arbitration, or that enforcing the measure would conflict with U.S. public policy.

Whatever ground the court relies on, the ruling only decides the enforcement application in front of it. The court is not allowed to use that review as a chance to second-guess the merits of the measure itself.

Frequently Asked Questions

Can a court refuse to enforce an interim measure for any reason it likes?

No -- refusal is limited to the specific grounds this section lists, whether raised by the objecting party or by the court itself.

What if part of an interim measure exceeds what the parties agreed to arbitrate?

The portion that deals with matters submitted to arbitration may still be recognized and enforced even if another portion is not.

Can the court modify an interim measure to fit its own powers instead of refusing enforcement outright?

Yes -- if the measure is incompatible with the court's powers, the court may reformulate it to the extent necessary without changing its substance.

Does the court review whether the interim measure was correctly decided on the merits?

No -- the court's determination is effective only for the enforcement application, and the court may not review the measure's substance.

Amendment History

Added by Stats 2024 ch 90 (AB 1903),s 18, eff. 1/1/2025.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: grounds refuse enforce interim measure californiapublic policy defense arbitral interim measure