Interim Measures
Arbitration | ProcedureWe pursue and defend interim measures in arbitration including emergency relief, preliminary injunctions, security for claims, and asset preservation orders.
Overview
Protecting Rights Pending Resolution
Interim measures protect parties' rights while disputes proceed to resolution. MC Law's Interim Measures practice pursues and defends provisional relief in arbitration proceedings.
Emergency Arbitration
Emergency arbitrator procedures provide rapid relief before tribunal constitution. We file and defend emergency arbitrator applications, presenting compelling cases for urgent relief. We understand which institutions offer emergency procedures and how they operate.
Tribunal-Ordered Relief Constituted tribunals can order interim measures. We pursue preliminary injunctions, asset preservation orders, anti-suit injunctions, and other provisional relief. We present evidence and argument supporting urgency and irreparable harm. Court-Ordered Relief Courts may grant interim measures in support of arbitration. We pursue court-ordered relief when arbitral relief is unavailable or inadequate. We coordinate court and arbitral proceedings strategically. Types of Relief Different circumstances require different relief. We pursue and defend orders for asset preservation, anti-dissipation, document preservation, status quo maintenance, anti-suit relief, and security for claims. Enforcement of Interim Measures Interim measures must be enforced to be effective. We enforce tribunal-ordered interim measures in national courts and pursue contempt when parties violate orders. Defense Against Interim Measures We defend against improper interim measure requests. We challenge urgency, irreparable harm, and likelihood of success on the merits. We protect clients against unwarranted provisional relief.Our Services
international_arbitration
Federal registration and validity opinions
commencing_arbitration
Federal registration and validity opinions
enforcement_arbitration
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Available measures include preservation of assets, maintaining the status quo, preventing dissipation of evidence, ordering security for the claim or costs, and anti-suit injunctions to prevent parallel proceedings. Availability depends on the applicable rules and seat.
Many institutions now provide emergency arbitrator procedures for urgent relief before the full tribunal is appointed. Emergency arbitrators can grant provisional measures within days of application, though enforcement may vary by jurisdiction.
Most arbitration laws and rules allow parties to seek interim measures from either courts or tribunals. Court-ordered measures are immediately enforceable, while tribunal-ordered measures may require court assistance for enforcement in some jurisdictions.
Typically, the applicant must show urgency, risk of irreparable harm, a prima facie case on the merits, and that the balance of convenience favors granting relief. The specific standard varies by institution and applicable law.
Enforceability depends on the jurisdiction. Many modern arbitration laws provide for court enforcement of tribunal-ordered interim measures, but gaps remain in some jurisdictions. Emergency arbitrator decisions face additional enforcement challenges.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
