WVC 55 - 10 - 10
§55-10-10. 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
(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) of this section.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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