Can you seek injunctive relief in arbitration?
Asked by: Guadalupe Nolan | Last update: July 24, 2025Score: 4.8/5 (38 votes)
Some arbitration agreements limit an arbitrator's power to issue injunctive relief. If the arbitration agreement provides that this remedy is reserved to the court, then the arbitrator would not have the power to issue an injunction, and the petitioner would be required to seek relief in court.
Can you seek damages in arbitration?
While monetary damages are most often awarded, arbitrators frequently award equitable and other forms of relief, including specific performance, injunctive relief, consequential damages, liquidated damages, attorneys' fees and punitive damages.
Can you get equitable relief in arbitration?
Arbitrators can generally afford temporary equitable relief in order to make the arbitration meaningful.
Can you seek declaratory relief in arbitration?
An arbitral tribunal can make a declaratory award, simply setting forth the respective rights and obligations of the parties. Declaratory relief is efficient on many levels, and especially so where facts are undisputed or agreed or not needed to decide a legal right or obligation.
Can you get injunctive relief in arbitration?
Even where a claim is subject to arbitration, however, courts have the discretionary power to grant injunctive relief in aid of arbitration—to pre- serve the status quo in order to prevent the arbitration proceeding from being a meaningless exercise.
What is injunctive relief and can injunctive relief clauses be enforced?
Can you seek punitive damages in arbitration?
The parties' rules may dictate whether an arbitrator can award punitive damages. Although rare, parties may include in their arbitration clause express wording allowing (or disallowing) punitive damages. Likewise, most arbitral institutional rules are silent on remedies.
What is an injunction under arbitration?
The main injunction sought in arbitration proceedings are freezing injunctions, where the Court will consider urgency and whether there is a real risk that the respondent may dissipate its assets before the enforcement of any arbitral award.
What is declaratory relief vs injunctive relief?
Declaratory relief can be contrasted with coercive relief where the court orders a party to pay monetary damages or take certain action under injunctive relief. When a party is requesting a declaratory judgment , the party is seeking an official declaration regarding the status of the controversy in issue.
What is arbitration relief?
Interim reliefs are an essential safeguard provided under the Act to ensure that any claims which a party wishes to raise in the arbitration are protected in the form of security, guarantees or other measures as the Court may deem fit, based on a case-to-case assessment.
When should arbitration not be used?
“[T]he FAA does not require arbitration when there are valid contract defenses to the enforcement of the arbitration agreement.” (Id. at 1142.) A court may refuse to enforce an arbitration agreement if the agreement fails to satisfy California's conscionability standards.
Can you settle during arbitration?
If you settle the dispute at any point during the arbitration and all the parties request, the arbitrator may lay out the terms of the settlement in a “consent award”, which is an award signed by the arbitrator that reflects the settlement terms of the parties.
Are punitive damages equitable relief?
Less clear, however, is whether punitive damages may be awarded by a Court with equitable relief (e.g., injunctions, contractual specific performance, replevin, etc.). The general rule is that equity could not award punitive damages.
What is public injunctive relief?
To help clarify the distinction between private and public injunctive relief, the McGill court reiterated that public injunctive relief is “primarily 'for the benefit of the general public'” and only benefits the plaintiff incidentally or as a member of the general public.
What matters are not allowed in arbitration?
1 of Act 49 of 1996.] A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.
Can you negotiate in arbitration?
Arbitration
The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used. Arbitrators hand down decisions that are usually confidential and that cannot be appealed.
What damages are awarded in arbitration?
In determining damages, arbitration tribunals should be able to ascertain an appropriate level of damages based on such evidence as the parties' negotiations, their prior course of dealing and the course of performance under the contract, as well as the extent to which the respondent knew and understood the ...
Why do courts favor arbitration?
“Arbitration (requires) much less discovery, fewer depositions, and a hearing that wouldn't be dissimilar to a judge trial in federal court,” explains Luke Sobota, partner at the law firm Three Crowns and lecturer at Harvard Law School.
Do you win money in arbitration?
An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).
Can you sue for arbitration?
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
What are the four factors for injunctive relief?
These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.
When can you claim injunctive relief?
Injunctive relief, also known as an injunction , is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
How do you prove injunctive relief?
Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without ...
Can an arbitrator award injunctive relief?
The arbitrator typically has the power to grant injunctive relief. AAA rules further provide procedures to expedite this relief on an emergency basis. MYTH: Litigation's Discovery and Appeal Are Not Accessible in Arbitration.
Can an arbitrator issue an anti suit injunction?
The arbitrators' power to issue anti-suit injunctions is not unanimously recognized. Three types of criticism have been expressed in this respect, all of which have in common the meaning and scope of the principle that arbitrators have jurisdiction to decide their own jurisdiction.
Can an arbitrator grant equitable relief?
The Arbitrator may grant any remedy or relief that is just and equitable and within the scope of the Parties' Agreement, including, but not limited to, specific performance of a contract or any other equitable or legal remedy.