How can a party obtain a preliminary injunction in international litigation?
A preliminary injunction is an order from a court that requires someone to stop a certain action or behavior. In international litigation, a party may be able to obtain a preliminary injunction by demonstrating that their legal rights are being threatened or that they are likely to suffer irreparable harm if the injunction is not granted. When requesting a preliminary injunction, the party must demonstrate that they are likely to prevail on the merits of the case, that irreparable harm is likely to occur if the injunction is not granted, and that the balance of harms and public interest favor the granting of the injunction. Specifically, the party must show that the injury to their legal rights outweighs any detriment to the other party. The party must also provide the court with evidence to support their case that the injunction is necessary and that there is no other adequate remedy available. The evidence may include testimony from witnesses, exhibits, affidavits, and other relevant documents. The court may also consider the legal arguments put forward by both parties. Once the court is convinced that the party is likely to prevail on the merits of the case and that there is a need for a preliminary injunction, then the court may issue an order that prevents the other party from taking certain actions or engaging in certain behaviors until the case is hearing.
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