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ARTICLE · 12 MARCH 2012

Can A Court Grant Injunctive Relief Pending Arbitration?

Strasburger & Price, L.L.P.
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What happens when a dispute is subject to an arbitration agreement but, unless a court enters an injunction preserving the status quo pending arbitration, the arbitration proceeding will be rendered meaningless?

United StatesLitigation, Mediation & Arbitration
Judith Blakeway
Judith Blakeway
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What happens when a dispute is subject to an arbitration agreement but, unless a court enters an injunction preserving the status quo pending arbitration, the arbitration proceeding will be rendered meaningless? Does a motion to compel arbitration strip a court of its power to grant an injunction?

Suppose, in a case involving an alleged Ponzi scheme, a receiver seeks a preliminary injunction pending arbitration to freeze funds which may otherwise be transferred beyond the reach of creditors. Can he get one, or does the court have to stay for arbitration?

Suppose a professional basketball team has a dispute with one of its players. Can it obtain a preliminary injunction prohibiting the player from joining another team pending arbitration?

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