Courts, arbitrators, and emergency procedures
In court, temporary restraining orders and preliminary injunctions are the familiar forms, and New York also offers provisional remedies such as attachment that can freeze assets in limited circumstances. When a dispute is headed to arbitration, many institutional rules allow interim measures from the tribunal, and some provide for an emergency arbitrator before the tribunal is formed. New York courts can also grant provisional relief in aid of arbitration when an eventual award might otherwise be rendered ineffective. Which forum to ask first depends on the contract, the urgency, and whether the order needs to bind people who are not parties to the arbitration.
What a request has to show
These orders are exceptional, and the party asking carries the burden. Courts generally look at how strong the underlying claim appears and whether waiting for a final decision would cause harm that money could not repair, among other considerations. In New York, a party who obtains a preliminary injunction is generally required to post an undertaking that can compensate the other side if the order turns out to be unjustified. Delay in asking can undercut a claim of urgency, so these requests are built quickly, often from sworn statements and documents rather than live testimony.
Preparing on short notice
Gather the contract with its dispute resolution clause, the communications showing the threat, and evidence of what will be lost and how soon. Identify where the assets or information are located, including outside the United States, since enforcement across borders adds a layer of work. Expect the other side to receive notice in most cases, although some emergency applications can proceed briefly without it. Our first decision with you is whether interim relief is worth seeking at all, which forum fits, and what evidence can be ready quickly. Sometimes a firm letter or a negotiated standstill achieves the same practical result at lower cost.
