12-3008

12-3008. Interim remedies

(Eff. 1/1/11)

A. Before an arbitrator is appointed and is authorized and able to act, the court,
on motion of a party to an arbitration proceeding and for good cause shown, may enter an
order for interim remedies to protect the effectiveness of the arbitration proceeding to
the same extent and under the same conditions as if the controversy were the subject of a
civil action.

B. After an arbitrator is appointed and is authorized and able to act:

1. The arbitrator may issue such orders for interim remedies, including interim
awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration
proceeding and to promote the fair and expeditious resolution of the controversy, to the
same extent and under the same conditions as if the controversy were the subject of a
civil action.

2. A party to an arbitration proceeding may move the court for an interim remedy
only if the matter is urgent and the arbitrator is not able to act timely or the
arbitrator cannot provide an adequate remedy.

C. A party does not waive a right of arbitration by making a motion under
subsection A or B.