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Arizona - Chapter 1 - Interim Measures in the United States in Aid of Arbitration

Author(s): 
Mark E. Lassiter
Page Count: 
38 pages
Published: 
July, 2022
Jurisdictions: 
United States,
Arizona
Practice Areas: 
Judicial Granting of Interim Relief,
Formal Requirements,
Time Limits,
Powers of Arbitrators,
Delivery and Receipt of Communications,
Deposit of Costs,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Enforceability,
Third Parties in Arbitral Proceedings
Author Detail: 

Mark A. Lassiter became an arbitrator for the American Arbitration Association (the AAA) in 1991, and serves as a member of its Commercial, Construction Industry and Large and Complex Case Panels. He is also a Fellow in the College of Commercial Arbitrators, and serves on the panel of the International Centre for Dispute Resolution (the ICDR). Mr. Lassiter has extensive experience in arbitrations administered by the AAA and the ICDR as both an arbitrator and counsel for various parties, including arbitrator appointments in AAA matters in California, Arizona, Colorado, New Mexico, Texas, and Nevada in dozens of disputes relating to a wide variety of dispute types, including Construction litigation, Business & Employment cases, Technology and e-Commerce, Real Estate, Commercial Leases and many other matters. He also serves as a Mediator for the AAA on similar matters.

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Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

This chapter analyzes the ability of parties to obtain “pre-award or pre-judgment” “provisional or interim remedies” under Arizona state arbitration law pending the finality of their Arizona private arbitration proceedings (“Arbitral Interim Remedies”). Arizona state courts are among the most “arbitration-friendly” in the United States and perhaps take a more liberal view of an arbitrator’s ability to grant Arbitral Interim Remedies than any other state court.

 In 2010, after nine tortuous years of lobbying, Arizona substantially adopted the Revised Uniform Arbitration Act (“RUAA”),  which was promulgated in August 2000 by the Uniform Law Commission (“ULC”—formerly known as the National Conference of Commissioners on Uniform State Laws—“NCCUSL”).  After January 1, 2011, Arizona’s own, unique adaptation of the ULC RUAA (its “AZ-RUAA”) “governs an agreement to arbitrate whenever made,”  but only if the agreement to arbitrate “clearly and unmistakably designates” that the AZ-RUAA applies.  Unless otherwise indicated, capitalized words and phrases in this chapter on Arizona Arbitral Interim Remedies have the meanings given them in the AZ-RUAA, which the author will provide in footnotes for such terms when and as they are first used.

Importantly for our discussion on Arizona Arbitral Interim Remedies, the AZ-RUAA deliberately changed the title of ULC RUAA Section 8 from “PROVISIONAL REMEDIES” to “INTERIM REMEDIES.” This is because Arizona statutes specifically define the term of art “provisional remedies” to mean only pre-judgment “replevin, garnishment and attachment” of property  and the Arizona legislature wanted to make clear its intention that parties to an Arizona arbitration subject to the AZ-RUAA have a broader range of Arbitral Interim Remedies than merely the Arizona “provisional remedies” of “replevin, garnishment and attachment.” The availability of such Arbitral Interim Remedies in Arizona is discussed in detail below. However, counsel for parties to Arizona private arbitration proceedings should first be aware of a unique anomaly in Arizona state arbitration law, which might affect their seeking such Arbitral Interim Remedies in Arizona.