In Janvey v. Alguire, the Fifth Circuit was forced to confront the circuit split regarding a court's ability to exercise its equitable powers in granting injunctive relief while an order to compel arbitration is pending. Janvey is the latest case in the saga of Courts trying to reconcile the Federal Arbitration Act's policy favoring arbitration with the Court's traditional equitable role. Preliminary injunctive relief is used to prevent injury while a case is pending; however, this remedy is problematic when it involves the interaction of the public court system and a private afreement to arbitrate. Courts considering a motion for preliminary injunction while arbitration is pending face a dilemma accompanied by unclear jurisprudence.
Dwight A. Decker Jr., The Court's Power to Grant Preliminary Injunctions in C ases Where Arbitration is Pending, 3 393 (2011).