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

A party seeking a Preliminary Injunction in international litigation may do so by filing a motion before a court that has jurisdiction over the dispute. A Preliminary Injunction is a court order that prohibits the other party from taking any action that would adversely affect the moving party’s rights or interests prior to a final resolution of the dispute. In New Hampshire, a party may seek a Preliminary Injunction by filing a Motion for Preliminary Injunction. The court will then consider the motion and decide whether the party has met the requirements for an injunction. Generally, the party must demonstrate that they will suffer irreparable harm if the injunction is not granted and that the balance of hardships favors granting the injunction. The court will also consider whether the party has a good chance of succeeding on the merits of their case. This means that the party must show that the other party’s actions are likely to be found to be illegal or that the party’s rights are likely to be protected by the court. If the court finds that the moving party is likely to win on the merits of their case, they are more likely to grant a Preliminary Injunction. Finally, if the court orders a Preliminary Injunction, the parties must abide by the terms of the injunction until the dispute is resolved. Violating the terms of the injunction can result in serious consequences, such as monetary fines and potential jail time. Therefore, it is important for parties involved in international litigation to understand the implications of seeking and being granted a Preliminary Injunction before taking any action.

Related FAQs

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

Related FAQs

Related Blog Posts