Louisiana - Chapter 8 - Interim Measures in the United States in Aid of Arbitration

James M. Garner has served as the Co-Managing Member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. since the firm’s founding in 1999. He is a graduate of Tulane University’s School of Science and Engineering and Tulane Law School. Mr. Garner is a trial lawyer specializing in commercial, complex/class action litigation, and arbitration. He has served as lead counsel in cases in New Mexico, California, West Virginia, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana, and Texas, involving litigation ranging from insurance coverage, salt mining, asbestos exposure, benzene exposure, mass closings of big box retailers, noise pollution, commercial, banking, bankruptcy, financial litigation, RICO, and “bet-the-company” proceedings arising out of adverse environmental events. He has an active arbitration practice, and he has frequently litigated issues pertaining to the availability of injunctive relief directed against arbitration proceedings.

Jeffrey D. Kessler is a member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. in New Orleans, Louisiana. A native Michigander, Mr. Kessler graduated from Duke University in 1998 and the University of Virginia School of Law in 2002. His practice includes a broad array of complex commercial litigation and employment disputes. He has extensive experience in arbitration and in the interplay between courts and arbitration tribunals, and specifically, he has litigated issues pertaining to the availability of injunctive relief directed against arbitral proceedings.

PDF818.75 KB

$40.00

Description:

Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

RELIEF PROVIDED BY COURTS

1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

Yes.

(a) If so, please describe the nature of any such provisional relief that is available.

The Louisiana Supreme Court held in 2019 that “Louisiana Code of Civil Procedure article 3542 allows for attachment in aid of arbitration if the origin of the underlying arbitration claim is one pursuing money damages and the arbitral party has satisfied the statutory requirements necessary to obtain a writ of attachment.” Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar, 2019 WL 2041826, 2018-1728 (La. 5/8/19), reh’g denied (June 26, 2019). Article 3542 does not, by its terms, apply expressly to arbitration, as it provides, “A writ of attachment may be obtained in any action for a money judgment, whether against a resident or nonresident, regardless of the nature, character, or origin of the claim, whether it is for a certain or uncertain amount, and whether it is liquidated or unliquidated.” The Stemcor court determined that article 3542, “is broad enough to encompass a creditor’s suit to compel arbitration where the ultimate goal of the action is to obtain a money judgment against the debtor.” Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar, 2018-1728 (La. 5/8/19), reh’g denied (June 26, 2019)..