§ 50-44. Interim relief and interim measures. - North Carolina Statutes

§ 50‑44.  Interim reliefand interim measures.

(a)        In the case of anarbitration where arbitrators have not yet been appointed, or where thearbitrators are unavailable, a party may seek interim relief directly from acourt as provided in subsection (c) of this section. Enforcement shall begranted as provided by the law applicable to the type of interim relief sought.

(b)        In all other casesa party shall seek interim measures as described in subsection (d) of thissection from the arbitrators. A party has no right to seek interim relief froma court, except that a party to an arbitration governed by this Article mayrequest from the court enforcement of the arbitrators' order granting interimmeasures and review or modification of any interim measures governing childsupport or child custody.

(c)        In connection withan agreement to arbitrate or a pending arbitration, the court may grant undersubsection (a) of this section any of the following:

(1)        An order ofattachment or garnishment;

(2)        A temporary restrainingorder or preliminary injunction;

(3)        An order for claimand delivery;

(4)        Appointment of areceiver;

(5)        Delivery of money orother property into court;

(6)        Notice of lispendens;

(7)        Any relief permittedby G.S. 7B‑502, 7B‑1902, 50‑13.5(d), 50‑16.2A, 50‑20(h),50‑20(i), or 50‑20(i1); or Chapter 50A, Chapter 50B, or Chapter 52Cof the General Statutes;

(8)        Any relief permittedby federal law or treaties to which the United States is a party; or

(9)        Any other ordernecessary to ensure preservation or availability of assets or documents, thedestruction or absence of which would likely prejudice the conduct oreffectiveness of the arbitration.

(d)        The arbitratorsmay, at a party's request, order any party to take any interim measures ofprotection that the arbitrators consider necessary in respect to the subjectmatter of the dispute, including interim measures analogous to interim reliefspecified in subsection (c) of this section. The arbitrators may require anyparty to provide appropriate security, including security for costs as providedin G.S. 50‑51, in connection with interim measures.

(e)        In considering arequest for interim relief or enforcement of interim relief, any finding offact of the arbitrators in the proceeding shall be binding on the court,including any finding regarding the probable validity of the claim that is thesubject of the interim relief sought or granted, except that the court mayreview any findings of fact or modify any interim measures governing childsupport or child custody.

(f)         Where thearbitrators have not ruled on an objection to their jurisdiction, the findingsof the arbitrators shall not be binding on the court until the court has madean independent finding as to the arbitrators' jurisdiction. If the court rulesthat the arbitrators do not have jurisdiction, the application for interimrelief shall be denied.

(g)        Availability ofinterim relief or interim measures under this section may be limited by theparties' prior written agreement, except for relief pursuant to G.S. 7B‑502,7B‑1902, 50‑13.5(d), 50‑20(h), 50B‑3, Chapter 52C ofthe General Statutes; federal law; or treaties to which the United States is aparty, whose purpose is to provide immediate, emergency relief or protection.

(h)        Arbitrators whohave cause to suspect that any child is abused or neglected shall report thecase of that child to the director of the department of social services of thecounty where the child resides or, if the child resides out‑of‑state,of the county where the arbitration is conducted.

(i)         A party seekinginterim measures, or any other proceeding before the arbitrators, shall proceedin accordance with the agreement to arbitrate. If the agreement to arbitratedoes not provide for a method of seeking interim measures, or for otherproceedings before the arbitrators, the party shall request interim measures ora hearing by notifying the arbitrators and all other parties of the request.The arbitrators shall notify the parties of the date, time, and place of thehearing.

(j)         A party does notwaive the right to arbitrate by proceeding under this section. (1999‑185, s. 1; 2005‑187,s. 3.)