2017 ORS 36.630¹
Provisional remedies

(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon petition 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) 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 cannot provide an adequate remedy.

(3) A party does not waive a right of arbitration by making a petition under subsection (1) or (2) of this section. [2003 c.598 §8]

Note: See note under 36.600 (Definitions).

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitra­tion Act applies to any arbitra­tion agree­ment regardless of when arbitrating parties entered into agree­ment. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitra­tion Act gives courts authority to deny mo­tion to compel arbitra­tion under arbitra­tion clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.