|
arbitrators have broad authority to order provisional remedies |
| and interim relief, including interim awards, in order to make a |
| fair determination of an arbitral matter. This authority has |
| included the issuance of measures equivalent to civil remedies |
| of attachment, replevin, and sequestration to preserve assets or |
| to make preliminary rulings ordering parties to undertake |
| certain acts that affect the subject matter of the arbitration |
| proceeding. See, e.g., Island Creek Coal Sales Co. v. City of |
| Gainesville, Fla., 729 F.2d 1046 (6th Cir. 1984) (upholding |
| under FAA arbitrator's interim award requiring city to continue |
| performance of coal purchase contract until further order of |
| arbitration panel); Fraulo v. Gabelli, 37 Conn. App. 708, 657 |
| A.2d 704 (1995) (upholding under UAA arbitrator's issuance of |
| preliminary orders regarding sale and proceeds of property); |
| Fishman v. Streeter, 1992 WL 146830 (Ohio Ct. App., June 25, |
| 1992) (upholding under UAA arbitrator's interim order dissolving |
| partnership); Park City Assoc. v. Total Energy Leasing Corp., 58 |
| A. D.2d 786, 396 N.Y.S.2d 377 (1977) (upholding under New York |
| state arbitration statute a preliminary injunction by an |
| arbitrator); N.J. Stat. Ann. § 2A:23A-6 (allowing provisional |
| remedies such as "attachment, replevin, sequestration and other |
| corresponding or equivalent remedies"); AAA, Commercial Disp. |
| Resolution Pro. R-36, 45 (allowing arbitrator to take "whatever |
| interim measures he or she deems necessary, including injunctive |
| relief and measures for the protection or conservation of |
| property and disposition of perishable goods. Such interim |
| measures may take the form of an interim award, and the |
| arbitrator may require security for costs of such measures."); |
| CPR Rules 12.1, 13.1 (allowing interim measures including those |
| "for preservation of assets, the conservation of goods or the |
| sale of perishable goods," requiring "security for the costs of |
| these measures," and permitting "interim, interlocutory and |
| partial awards"); UNCITRAL Commer. Arb. Rules, Art. 17 |
| (providing that arbitrators can take "such interim measure of |
| protection as the arbitral tribunal may consider necessary in |
| respect of the subject-matter of the dispute," including |
| security for costs); II Macneil Treatise §§ 25.1.2, 25.3, 36.1. |
