How can a party obtain a preliminary injunction in international litigation?

In international litigation, a party may obtain a preliminary injunction in order to prevent another party from taking certain actions prior to a court’s final decision in the case. The court’s primary concern is that the outcome of the case would be undermined if the requested actions were to be taken before the court’s ruling. In Alaska, a party may obtain a preliminary injunction either through their individual filing, or through authorization from a court. If an individual filing, the party must demonstrate four elements in order to obtain the injunction. These elements are: (1) a likelihood of success on the merits of the case, (2) irreparable harm that would occur if the injunction is not granted, (3) the hardship to the party who would be subject to the injunction is greater than the hardship to the party who is asking for the injunction, and (4) the injunction is in the public’s interest. If a court authorizes the injunction, the court must be satisfied that the party requesting the injunction is likely to prevail on the merits of the case and that the balance of hardships tips in favor of the party seeking the injunction. In order to obtain a preliminary injunction in international litigation in Alaska, the party must demonstrate the elements required. If the court is not convinced, either by the filing party or by a court authorization, the party will not be granted an injunction.

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How can a party obtain a preliminary injunction in international litigation?

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