§ 29-5-309 — Provisional remedies

Tennessee § 29-5-309

• Jurisdiction: Tennessee
• Title: 29

Text

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon a motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional 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. (b) After an arbitrator is appointed and is authorized and able to act: (1) The arbitrator may issue orders for provisional 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 extent permitted by the agreement to arbitrate or by the rules of an arbitration organization provided in the agreement; and (2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. The provisional remedy is limited to remedies calculated to preserve the parties' status quo pending appointment of and action by the arbitrator. (c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b).

Legislative History

Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.