Martin Flumenbaum, left, and Brad S. Karp
In The Resource Group International v. Chishti, 91 F.4th 107 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit considered the propriety of a pending arbitration and whether being improperly forced to arbitrate can satisfy the requirements for a preliminary injunction.
In a unanimous opinion of the court, authored by Circuit Judge Myrna Pérez and joined by Circuit Judges Guido Calabresi and Eunice Lee, the circuit vacated and remanded the district court’s order denying a motion for preliminary injunction that would have stayed the arbitration, holding that the appeals court had jurisdiction to review the matter based on New York law, and that forced arbitration of inarbitrable claims may constitute an irreparable harm.
