78B-11-109 - Provisional remedies.
78B-11-109. Provisional remedies.
(1) Before an arbitrator is appointed and is authorized and able to act, the court, uponmotion of a party to an arbitration proceeding and for good cause shown, may enter an order forprovisional remedies to protect the effectiveness of the arbitration proceeding to the same extentand under the same conditions as if the controversy were the subject of a civil action.
(2) After an arbitrator is appointed and is authorized and able to act:
(a) the arbitrator may issue orders for provisional remedies, including interim awards, asthe arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and topromote the fair and expeditious resolution of the controversy, to the same extent and under thesame conditions as if the controversy were the subject of a civil action; and
(b) a party to an arbitration proceeding may move the court for a provisional remedy onlyif the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot providean adequate remedy.
(3) A party does not waive a right of arbitration by making a motion under Subsection(1) or (2).
Renumbered and Amended by Chapter 3, 2008 General Session