What is a restraining order and when can it be used in international litigation?
A restraining order is a court-ordered command that prohibits someone from taking a certain action or behaving in a certain way. In international litigation, a restraining order is used to prevent a party from engaging in a course of conduct that would harm another person’s property rights or business interests. In order for a restraining order to be issued in international litigation, the party that is requesting it must show that by engaging in the particular conduct, the other party will cause them significant harm or damage. In Washington specifically, the party requesting the restraining order must show that the other party has engaged in, or is likely to engage in, activities such as transferring, destroying, or misusing assets; engaging in competition with the plaintiff; or engaging in other activity that will unfairly damage the plaintiff’s interests. Once the requesting party has established the facts that necessitate the granting of a restraining order, the court will decide whether to grant the order. If granted, the restraining order must be specific and detailed in its description of the conduct prohibited by the order. The order may also include other conditions that must be met by the party that is subject to the order. In Washington, as in other jurisdictions, restraining orders are temporary measures that are used to protect a party’s interests while a more definitive outcome is determined. Therefore, parties in international litigation should carefully consider whether a restraining order is appropriate in order to protect their interests.
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