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Injunctions

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Chapter Summary

There are different types of injunctions. A preventive injunction is to stop a discrete event or act. A mandatory injunction is to compel a certain act. In common law jurisdictions, injunctions are classified as an equitable remedy. As injunctions are an element of equity in common law countries, a jury trial is not required to determine if injunctive relief should be granted. Generally, arbitral panels may grant injunctive relief unless such relief is precluded by the arbitration agreement. Injunctive relief that affects one not a party to the arbitration agreement, however, is likely not to be enforceable, at least as to the nonparty. Permanent injunctions that are issued by an arbitral tribunal can effectively be enforced only by obtaining confirmation of the award in a judicial proceeding.

Keywords:arbitral tribunal; arbitration agreement; common law jurisdictions; injunctions; injunctive relief; jury trial

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