Arbitration practitioners should take note of a trend toward renewed stringency in U.S. judicial application of historical equitable standards for the granting of preliminary and permanent injunctions. The trend is most recently reflected in an important copyright law decision from the US Second Circuit Court of Appeals, discussed today in a new posting that will appear in the Legal Developments section of my website. www.lexmarc.us. Transnational principles governing the issuance of interim measures by international arbitrators are substantially informed by standards in domestic courts of major legal systems. As the recent U.S. trend dictates a return to a more rigorous application of rules with a common law heritage dating back to the earliest days of federal equity practice, it is reasonable to expect that such decisions will be discussed in, and affect analysis of interim measures applications in, international arbitrations involving American parties, counsel, and arbitrators.
While at the lexmarc.us website, also read about the latest decision from the Second Circuit on securities fraud liability of attorneys who assist clients with sham transactions.
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