Michigan - Chapter 11 - Interim Measures in the United States in Aid of Arbitration
Alan M. Kanter is an attorney, neutral arbitrator and mediator of large complex commercial and employment disputes. Specialty broad-based areas of focus include disputes involving business and contracts: public and private health care, managed care and benefits; mergers and acquisitions, franchise, business opportunity and securities; technology, computer hardware and software, internet and telecommunications. A former chairperson of the State Bar of Michigan ADR Section and long-time institutional author and educator of ADR subjects, he is a Distinguished Fellow of the International Academy of Mediators (IAM), a Fellow and Director of the College of Commercial Arbitrators (CCA), a member and dispute resolution provider panelist of the American Health Lawyers Association (AHLA) and a Fellow of the National Association of Distinguished Neutrals (NADN). He serves on numerous national and international ADR provider panels including the AAA/ICDR, CPR, AHLA, ICC (and more) and is active on numerous ABA and other organizational ADR related committees.
Originally from Interim Measures in the United States in Aid of Arbitration
RELIEF PROVIDED BY COURTS
1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?
(a) If so, please describe the nature of any such provisional relief that is available.
The Michigan Uniform Arbitration Act, which is set forth in MCL § 691.1681, et seq. (“MUAA”), applies to all arbitrations, commenced from, and after, July 1, 2013
The MUAA is based upon a policy, requiring courts to recognize that upon a showing of good cause, courts may provide inter alia, provisional aid through judicial relief for disputes required to be arbitrated. Except where otherwise specifically provided, the MUAA enables a court to employ provisional remedies to assure that arbitration proceedings take place as specified, and are effective,
. . . to the same extent and under the same conditions as if the controversy were the subject of a civil action.” MCL § 691.1988(1).
Examples of provisional remedies employed by courts include preliminary injunctive relief, and granting requests for orders to stay or compel arbitration (Int’l Union, United Auto Aerospace and Agr., Implement Workers of Am. v. State 491 N.W.2d 855, 863, appeal denied, cause remained sub nom. Int’l Union, United Auto, Aerospace & Agr. Implement Workers of Am., UAW V. Dept. of Mental Health, 486 N.W.2d 686 (1992)). Injunctive relief, to preserve the status quo pending arbitration, may be obtained upon a proper showing of good cause; Am. Fed’n of State, City and Min. Employees Council 25 v. City of Detroit, 2007 WL 1342628 at 2 (Mich. Ct. App. May 8, 2007). Statutory protective measures, such as an attachment are typically available only upon satisfaction of applicable statutory and court rule requirements, in conjunction with a showing of good cause, in order to enhance the likelihood that the arbitration and award are effective. The procedural requirements relative to attachment are generally set forth in the Michigan Court Rules (“MCR”)