holding that the NCRUAA permits a court to enter provisional remedies, including injunctive relief – if the requirements for an injunction are met – before an arbitrator is appointed if doing so would preserve the effectiveness of the arbitration proceeding
How later courts described this case
- holding that the NCRUAA permits a court to enter provisional remedies, including injunctive relief – if the requirements for an injunction are met – before an arbitrator is appointed if doing so would preserve the effectiveness of the arbitration proceeding
- explaining that “state law is preempted only ‘to the extent that it actually conflicts with federal law,’” meaning the court must “determine whether application of the RUAA ‘would undermine the goals and policies of the FAA’”
Written by the judges who cited it.
The opinion
WYNN, Judge,
concurring.
I concur with the decision to address the merits of this matter. To dismiss this appeal as interlocutory would effectively render this matter moot, since the trial court provided only a provisional remedy until the arbitration panel is convened. As the trial court stated, “[t]his Order and this provisional relief is without prejudice to . . . the authority of that arbitration panel, once appointed and able to act, to modify, supplement or vacate the provisional relief ordered here by this Court.” (Emphasis added).