What is a preliminary injunction in international litigation?
A preliminary injunction in international litigation is a court order issued by a judge during a legal case. It requires one of the parties involved in the case to do something or stop doing something until the case is resolved. For example, if a plaintiff (someone bringing a claim) is suing a defendant (someone being sued) for copyright infringement, the judge may issue a preliminary injunction ordering the defendant to stop infringing on the plaintiff’s copyright until the lawsuit is concluded. In California, preliminary injunctions in international litigation are governed by the Federal Rules of Civil Procedure, which outlines the procedures and requirements for obtaining a preliminary injunction. In order to successfully obtain a preliminary injunction, the plaintiff must show that they have a reasonable likelihood of success on the merits of the case, that they will suffer irreparable harm without the injunction, and that the balance of equities favors the plaintiff. If the court is satisfied with the plaintiff’s presentation and grants the preliminary injunction, the defendant must comply with the court’s decision. Failure to conform to the injunction may lead to contempt of court charges, which can result in monetary fines or other punishments. Preliminary injunctions can be a highly effective tool for litigation in international cases.
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