Nebraska - Chapter 12 - Interim Measures in the United States in Aid of Arbitration
Adam R. Feeney is a partner in Lamson Dugan & Murray LLP’s litigation department with a focus on commercial litigation and arbitration. He has represented clients in a wide range of disputes in areas including corporate, partnership, breach of contract, creditors’ rights, product liability, RICO, securities fraud, employment, and trust and estate. Mr. Feeney has tried cases in state and federal court and before arbitral tribunals from a variety of arbitral institutions, including the International Chamber of Commerce, American Arbitration Association/International Center for Dispute Resolution, and Financial Industry Regulatory Authority (FINRA). Prior to joining Lamson Dugan & Murray, he practiced in the litigation, arbitration and employment department of the New York City office of Hogan Lovells.
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?
Under the Nebraska Uniform Arbitration Act, the State of Nebraska does not explicitly authorize courts to issue orders of attachment, injunctions, or other provisional orders with respect to or in aid of arbitration proceedings. See Neb. Rev. Stat. §§ 25-2601–25-2622. The procedural provisions of the Nebraska Uniform Arbitration Act merely discuss the contractual clauses, the arbitrator, confirmation of an award, and vacating an award.
(a) If so, please describe the nature of any such provisional relief that is available.
Nebraska courts have yet to address the issue of whether a court may issue provisional orders in regards to arbitration proceedings. In addition, Nebraska statutes and case law authorizing provisional remedies issued by the courts do not specify whether remedies may be issued in aid of arbitration proceedings. See Neb. Rev. Stat. §§ 25-1001–25-1080. In Kremer v. Rural Cmty. Ins. Co., 280 Neb. 591 (2010), the Nebraska Supreme Court recognized that, under Nebraska’s Uniform Arbitration Act:
[P]arties cannot litigate their dispute in state courts because by enforcing the arbitration agreement, the order divests the court of jurisdiction to hear their dispute. In either case, the only other proceedings authorized by the [Nebraska Uniform Arbitration Act] are initiated by separate applications to the court: an application to confirm an arbitration award, an application to vacate an award, or an application to modify or correct an award.