Washington - Chapter 21 - Interim Measures in the United States in Aid of Arbitration
Scott S. Anders is a shareholder at Jordan Ramis. He focuses his practice on commercial real estate and land use law, and serves as outside business counsel to his clients. His practice is driven by his desire to help people navigate the complex legal system to achieve their goals, be successful in business, and help build community. Mr. Anders’ clients include local businesses, as well as international corporations in industries including commercial, retail, manufacturing, high tech, and education.
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?
Yes, the courts are authorized. Under RCW 7.04A.080, the arbitrator may “enter an order for provisional remedies to protect the effectiveness of the arbitration upon motion by a party for good cause shown.”
(a) If so, please describe the nature of any such provisional relief that is available.
The arbitrator may include provisional remedies and interim awards . . . “to the same extent and under the same conditions as if the controversy were the subject of a civil action.” RCW 7.04A.080(2).
(b) If so, please indicate whether this may be done before or after an arbitration is commenced.
The arbitration must be commenced in order for an arbitrator to issue any orders. Motions made before arbitration must be made to the court. RCW 7.04A.070(4). Failure to raise a contractual arbitration waives the contractual right to arbitrate. See Lake Washington School Dist. 414 v. Mobile Modules Northwest, Inc., 28 Wn. App. 59,621 P.2d 791 (Div. I 1980).
2. What are the procedural and substantive law requirements that must be satisfied by an applicant for a court to grant provisional remedies in relation to an arbitration?
The provisions for provisional relief are the same as those requirements for the court. RCW 7.04A.080. However, “Inherent in the authority to adjudicate the breach is the power to remedy it.” Endicott Educ. Ass’n v. Endicott School Dist., 43 Wash. App. 392, 395, 717 P.2d 763 (Div. III 1986).