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Can Arbitrators Issue Injunctions?
Can Arbitrators Issue Injunctions?
James H. Sterling••7 min read
1985) (“where a dispute is subject to mandatory arbitration under the Federal Arbitration Act
Federal Arbitration Act
ch. 1), more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for judicial facilitation of private dispute resolution through arbitration. ... In an arbitration, the parties give up the right to an appeal on substantive grounds to a court.
, a district court has the discretion to grant a preliminary injunction to preserve the status quo pending the arbitration of the parties' dispute if the enjoined conduct would render that process a 'hollow formality.
Can an arbitrator issue a preliminary injunction?
“An arbitrator has the power to grant preliminary injunctive relief, and district courts have the power to confirm and enforce such awards of equitable relief.” Bowers v.
What does an arbitrator issue?
Arbitrators have power to issue subpoenas for witnesses and for production of documents, records, and evidence at the hearing. These subpoenas are generally enforceable by the Superior Court under Cal.
