§ 1-567.39. Interim relief and the enforcement of interim measures. - North Carolina Statutes

§1‑567.39.  Interim relief and the enforcement of interim measures.

(a)        In the case of anarbitration where the arbitrator or arbitrators have not been appointed, orwhere the arbitrator or arbitrators are unavailable, a party may seek interimrelief directly from the superior court as provided in subsection (c). Enforcement shall be granted as provided by the law applicable to the type ofinterim relief sought.

(b)        In all other cases,a party shall seek interim measures under G.S. 1‑567.47 from the arbitraltribunal and shall have no right to seek interim relief from the superiorcourt, except that a party to an arbitration governed by this Article mayrequest from the superior court enforcement of an order of an arbitral tribunalgranting interim measures under G.S. 1‑567.47.

(c)        In connection withan agreement to arbitrate or a pending arbitration, the superior court maygrant, pursuant to subsection (a) of this section:

(1)        An order ofattachment or garnishment;

(2)        A temporaryrestraining order or preliminary injunction;

(3)        An order for claimand delivery;

(4)        The appointment of areceiver;

(5)        Delivery of money orother property into court;

(6)        Any other order thatmay be necessary to ensure the preservation or availability either of assets orof documents, the destruction or absence of which would be likely to prejudicethe conduct or effectiveness of the arbitration.

(d)        In considering arequest for interim relief or the enforcement of interim measures, the courtshall give preclusive effect to any finding of fact of the arbitral tribunal inthe proceeding, including the probable validity of the claim that is thesubject of the interim relief sought or the interim measures granted.

(e)        Where the arbitraltribunal has not ruled on an objection to its jurisdiction, the court shall notgrant preclusive effect to the tribunal's findings until the court has made anindependent finding as to the jurisdiction of the arbitral tribunal.  If thecourt rules that the arbitral tribunal did not have jurisdiction, theapplication for interim relief or the enforcement of interim measures shall bedenied.  Such a ruling by the court that the arbitral tribunal lacksjurisdiction is not binding on the arbitral tribunal or subsequent judicialproceedings.

(f)         The availabilityof interim relief under this section may be limited by prior written agreementof the parties. (1991, c. 292, s. 1.)