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

A party may obtain a preliminary injunction in international litigation by filing a motion with the court. Essentially, the party must show that a final judgment would not provide adequate relief, thus the court should issue a preliminary injunction. This shows that the party will suffer harm unless the court intervenes by way of a preliminary injunction. When determining whether to issue a preliminary injunction, the court will consider the following factors: (1) whether the plaintiff has established a substantial likelihood of success on the merits; (2) whether the plaintiff would suffer irreparable injury without a preliminary injunction; (3) whether the threatened injury to the plaintiff outweighs the damage to the defendant if an injunction were issued; and (4) whether an injunction would be in the public interest. The party must carefully address and explain each factor to the court. Additionally, the party must provide evidence, such as affidavits, that demonstrate why a preliminary injunction should be issued. In some instances, the court may also hold a hearing for the parties to present witness testimony. Ultimately, the court will then issue an order either granting or denying the preliminary injunction. If it is granted, the court will specify the scope of the injunction and the period of time within which it will remain in effect.

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