7.__Stay judicial proceeding upon order to arbitrate.__If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration.__If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

Uniform Comment

The term "summarily" in Section 7(a) and (b) is presently in UAA Section 2(a) and (b). It has been defined to mean that a trial court should act expeditiously and without a jury trial to determine whether a valid arbitration agreement exists. Grad v. Wetherholt Galleries, 660 A.2d 903 (D.C. 1995); Wallace v. Wiedenbeck, 251 A.D.2d 1091, 674 N.Y.S.2d 230, 231 (N.Y. App. Div. 1998); Burke v. Wilkins, 507 S.E.2d 913 (N.C. Ct. App. 1998); In re MHI P'ship, Ltd., 7 S.W.3d 918 (Tex. Ct. App. 1999). The term is also used in Section 4 of the FAA.

§8708.__Provisional remedies

1.__Order for provisional remedies before arbitrator can act.__Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

2.__Provisional remedies ordered by arbitrator.__After an arbitrator is appointed and is authorized and able to act:

A.__The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

B.__A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator can not provide an adequate remedy.