DHL Information Services (Americas), Inc. v. Infinite Software Corp.

ORDER DENYING PLAINTIFF DHL INFORMATION SERVICES (AMERICAS), INC. MOTION FOR PRELIMINARY INJUNCTION

This case concerns whether a request for a preliminary injunction should be reviewed by this Court or in arbitration. The Court defers to arbitration because the parties have agreed that arbitration is appropriate for resolving disputes in this matter, including disputes about preliminary injunctive relief.

Plaintiff DHL Information Services (Americas), Inc. (“Plaintiff’) filed a Motion for Preliminary Injunction (“Motion”). At an earlier hearing, the Court compelled arbitration of all but one of Plaintiffs claims, staying the remaining claim. Defendant Infinite Software Corporation (“Defendant”) argues that the parties agreed upon an arbitration provision specifying that “Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by binding arbitration pursuant to the rules of the American Arbitration Association in the State of California [“AAA Rules”].” (Declaration of Carol Conway, Ex. A. ¶ 9.06.)

Rule 34(a) of the AAA Rules states that “The arbitrator may take whatever interim measures he or she deems necessary, including…