Ira M. Schwartz is a partner in the Phoenix, Arizona office of DeConcini McDonald Yetwin & Lacy, P.C., where he heads the firm’s intellectual property practice. He can be reached at (602) 282-0500 or firstname.lastname@example.org.
This article has been modified and expanded from a paper presented at the ITechLaw Conference held in London in November 2007.
A look at the law, arbitration rules, and UNCITRAL Model Law provisions on the issue of interim relief in arbitration, as well as the issue of court enforcement.
Although arbitration offers many benefits to disputants— among them a quicker, less formal and less costly resolution than litigation, the ability to select the decision maker, and privacy—some people erroneously believe that one cannot obtain interim relief in arbitration. The ability to obtain such relief, for example a preliminary injunction, can be highly significant in certain kinds of disputes, especially those involving protection of intellectual property rights.