Obtaining Injunctions in Aid of Arbitration in United States Federal Courts: Addressing a Potential Threshold Jurisdictional Bar
By Joseph R. Profaizer and Daniel Prince
The purpose of this article is to analyze federal law in the United States regarding a federal courts authority to issue preliminary injunctive relief in aid of arbitration. This article concludes by offering a proactive approach for parties litigating in the circuits that have not yet adopted the majority rule. These recommendations should help protect parties litigating or arbitrating in those circuits until the law in these jurisdictions is clarified or more closely aligned with the majority, which will only be a matter of time.