6. If a court makes a ruling under Section 8(a), an arbitrator is allowed to review the ruling in appropriate circumstances under Section 8(b). For example, a court, on the basis of affidavits or other summary material, may grant a temporary restraining order to prohibit a party from transferring property. After an arbitrator is appointed, the arbitrator may decide after a fuller review of the evidence that the party should be allowed to transfer the property. This would be a proper decision because the arbitrator, rather than the court, may have access to more evidence and it is the arbitrator who makes the final decision on the merits.

7. Section 8(c) is intended to insure that so long as a party is pursuing the arbitration process while requesting the court to provide provisional relief under RUAA Section 8(a) or (b), the motion to the court should not act as a waiver of that party's right to arbitrate a matter. See Cal. Civ. Proc. Code § 1281.8(d).

§8709.__Initiation of arbitration

1. Giving notice.__A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action.__ The notice must describe the nature of the controversy and the remedy sought.

2.__Lack or insufficiency of notice.__Unless a person objects for lack or insufficiency of notice under section 8715, subsection 3 not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.

Uniform Comment

1. Section 9 is a new provision in the RUAA regarding initiation of an arbitration proceeding and is more formal than the notice requirements in Section 2. The language in Section 9 is based upon the Florida arbitration statute and, to some extent, the Indiana arbitration act, both of which include