State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_8

§ 1‑569.8.  Provisionalremedies.

(a)        Before anarbitrator is appointed and is authorized and able to act, the court, uponmotion of a party to an arbitration proceeding and for good cause shown, mayenter an order for provisional remedies to protect the effectiveness of thearbitration proceeding to the same extent and under the same conditions as ifthe controversy were the subject of a civil action.

(b)        After an arbitratoris appointed and is authorized and able to act:

(1)        The arbitrator mayissue orders for provisional remedies, including interim awards, as thearbitrator finds necessary to protect the effectiveness of the arbitrationproceeding and to promote the fair and expeditious resolution of thecontroversy, to the same extent and under the same conditions as if thecontroversy were the subject of a civil action; and

(2)        A party to anarbitration proceeding may move the court for a provisional remedy if thematter is urgent and the arbitrator is not able to act in a timely manner orthe arbitrator cannot provide an adequate remedy.

(c)        A party does notwaive the right to arbitrate by making a motion under subsection (a) or (b) ofthis section. (2003‑345,s. 2.)