Criteria for Provisional Remedies in Aid of Arbitration

, New York Law Journal


In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner at Chadbourne & Parke, write: The application of equitable requirements to petitions for orders of attachment in aid of arbitration, as recent trial courts have done, raises the issue of whether a showing of irreparable harm is inconsistent with the dictates of CPLR 7502(c) that the "rendered ineffectual" test is the sole substantive ground for such relief.

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