UNITED STATES 25 August 2020 Peter David Ullrich

United States District Court, Southern District of Florida, 25 August 2020, Case No. 20-cv-23505-BLOOM/Louis
(Peter David Ullrich, et al. v. Clarisse Ullrich, et al.)

25 - 08 - 2020

UNITED STATES 25 August 2020 Peter David Ullrich

Jurisdiction United States
Summary

The plaintiffs moved the Court, pursuant to the New York Convention, the Panama Convention, and the Federal Arbitration Act, to enjoin the defendants by a Temporary Restraining Order and Preliminary Injunctive Relief in Aid of International Arbitration from proceeding with the closing of a transaction, in order to maintain the status quo during the pendency of the arbitral proceedings that were soon to commence in Colombia. The Court denied the application, finding that the four factors established by the Eleventh Circuit were not met. A movant should prove "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that entry of the relief would serve the public interest". However, the plaintiffs in the present case did not set forth specific facts in an affidavit or verified complaint that clearly showed that it will suffer immediate and irreparable harm before the defendants could be heard in opposition.

Related topics
229

Related court proceedings: The court discusses measures in aid of arbitration (e.g., anti-suit injunction). This topic also includes the issue of the relationship between the Convention and the recognition of a foreign judgment on the validity of the arbitration agreement.

Measures in aid of arbitration anti-suit injunction
UNITED STATES 25 August 2020 Peter David Ullrich