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.

Terms Used In Arizona Laws 12-3008

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Arbitrator: means an individual who is appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Arizona Laws 12-3001
  • Court: means a court of competent jurisdiction in this state. See Arizona Laws 12-3001
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215

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.