N.C. Gen. Stat. § 1-567.39
Interim relief and the enforcement of interim measures
Redline — December 1, 2021 → current.View current text →
Current — April 1, 2022
As of December 1, 2021
(1) In the case of an arbitration where the arbitrator or arbitrators have not been appointed, or where the arbitrator or arbitrators are unavailable, a party may seek interim relief directly from the court as provided in subsection (c). Enforcement shall be granted as provided by the law applicable to the type of interim relief sought.
(1) In the case of an arbitration where the arbitrator or arbitrators have not been appointed, or where the arbitrator or arbitrators are unavailable, a party may seek interim relief directly from the court as provided in subsection (c). Enforcement shall be granted as provided by the law applicable to the type of interim relief sought.
(2) In all other cases, a party shall seek interim relief under G.S. 1-567.47.
(2) In all other cases, a party shall seek interim relief under G.S. 1-567.47.
(3) In connection with an agreement to arbitrate or a pending arbitration, the court may grant, pursuant to subsection (a) of this section, any of the following: An order of attachment or garnishment.
(3) In connection with an agreement to arbitrate or a pending arbitration, the court may grant, pursuant to subsection (a) of this section, any of the following: An order of attachment or garnishment.
(4) A temporary restraining order or preliminary injunction.
(4) A temporary restraining order or preliminary injunction.
(5) An order for claim and delivery.
(5) An order for claim and delivery.
(6) The appointment of a receiver.
(6) The appointment of a receiver.
(7) Delivery of money or other property into court.
(7) Delivery of money or other property into court.
(8) Any other order that may be necessary to ensure the preservation or availability either of assets or of documents, the destruction or absence of which would be likely to prejudice the conduct or effectiveness of the arbitration.
(8) Any other order that may be necessary to ensure the preservation or availability either of assets or of documents, the destruction or absence of which would be likely to prejudice the conduct or effectiveness of the arbitration.
(9) In considering a request for interim relief or the enforcement of interim measures, the court shall give preclusive effect to any finding of fact of the arbitral tribunal in the proceeding, including the probable validity of the claim that is the subject of the interim relief sought or the interim measures granted.
(9) In considering a request for interim relief or the enforcement of interim measures, the court shall give preclusive effect to any finding of fact of the arbitral tribunal in the proceeding, including the probable validity of the claim that is the subject of the interim relief sought or the interim measures granted.
(10) Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal's findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim relief or the enforcement of interim measures shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceedings.
(10) Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal’s findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim relief or the enforcement of interim measures shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceedings.
(11) The availability of interim relief under this section may be limited by prior written agreement of the parties in a record.
(11) The availability of interim relief under this section may be limited by prior written agreement of the parties in a record.
History
(1991, c. 292, s. 1; 2017-171, s. 1.)
Effect of Amendments. - Session Laws 2017-171, s. 1, deleted "superior" preceding "court" in subsection (a); rewrote subsection (b), which read: "In all other cases, a party shall seek interim measures under G.S. 1-567.47 from the arbitral tribunal and shall have no right to seek interim relief from the superior court, except that a party to an arbitration governed by this Article may request from the superior court enforcement of an order of an arbitral tribunal granting interim measures under G.S. 1-567.47"; in subsection (c), in the introductory paragraph, deleted "superior" preceding "court" and added "any of the following" at the end, and made minor punctuation changes in subdivisions (1) through (5); and added "in a record" at the end of subsection (f). For effective date and applicability, see editor's note.
Legal Periodicals. - For comment, "Interim Relief and International Commercial Arbitration in North Carolina: Where We Are and Where We Should Be Looking," 30 Campbell L. Rev. 389 (2008).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.