Originally from Alternatives to the High Cost of Litigation

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We see it all the time in arbitration clauses.

There is an exclusion for the right of one party, or both parties, to seek interim or provisional relief without regard to the parties’ agreement to arbitrate all disputes.

Presumably, arbitration clauses are drafted this way to avoid the concern that by seeking some form of interim relief from a court, an argument may be made that a party has waived the right to arbitrate.

The thesis of this article is that such a concern is unfounded.

Whether an arbitration agreement is governed by the Federal Arbitration Act, the Revised Uniform Arbitration Act, or simply the rules of an administering agency or organization, such as the American Arbitration Association, courts routinely will entertain requests for interim or provisional relief for the purpose of maintaining the status quo in arbitration, without limiting in any way the right to arbitrate.