Litigation & Arbitration
May 9, 2022
“One and done” emergency arbitrators and arbitral injunctions – still an issue of first impression.
Unlike arbitrators who may issue interim, partial and final awards over the course of an arbitration, emergency arbitrators are exclusively tasked with determining the availability of emergency provisional relief before an arbitrator is appointed.
An award issued by an emergency arbitrator granting preliminary injunctive relief before an arbitrator is appointed is final and should be entitled to immediate judicial review.
The California Arbitration Act, CCP section 1280 et seq., (CAA), does not distinguish between arbitrators and emergency arbitrators. Both may issue awards. As enacted in 1961 and unchanged since, CCP Section 1283.4 provides for the form and content of an award: The...
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