5-430. Provisional remedies. (a) 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.
(b) After an arbitrator is appointed and is authorized and able to act:
(1) 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
(2) 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 cannot provide an adequate remedy.
(c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b).
History: L. 2018, ch. 90, ยง 8; July 1.
Structure Kansas Statutes
Chapter 5 - Arbitration And Award
Article 4 - Uniform Arbitration Act
5-426 Effect of agreement to arbitrate; nonwaivable provisions.
5-427 Application for judicial relief.
5-428 Validity of agreement to arbitrate.
5-429 Motion to compel or stay arbitration.
5-431 Initiation of arbitration.
5-432 Consolidation of separate arbitration proceedings.
5-433 Appointment of arbitrator; service as a neutral arbitrator.
5-434 Disclosure by arbitrator.
5-436 Arbitrator immunity; competency to testify; attorney fees and costs.
5-438 Representation by lawyer.
5-439 Witnesses; subpoenas; depositions; discovery.
5-440 Judicial enforcement of pre-award ruling by arbitrator.
5-442 Change of award by arbitrator.
5-443 Remedies; fees and expenses of arbitration proceeding.
5-446 Modification or correction of award.
5-447 Judgment on award; attorney fees and litigation expenses.
5-451 Uniformity of application and construction.
5-452 Relationship to electronic signatures in global and national commerce act.