But while the arbitration provision of the confidentiality agreement allows for temporary injunctive relief, it does not say anything express about getting such relief without giving Daniels noticepic.twitter.com/JdYUmRo6Yu
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So the arbitrator had the power to issue the temporary restraining order without notice to Daniels because the confidential agreement alllowed it, according to the arbitrator http://msnbcmedia.msn.com/i/TODAY/z_Creative/arbitration%20TRO.pdf …
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So either the arbitrator is relying upon another part of the contract or reading in the right in the event Daniels breached or was about to breach
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In federal court one can get a TRO without notice only by offering a compelling reason, including that giving notice would give defendant the opportunity to do the very thing the TRO seeks to enjoin. Otherwise did process and federal rules require notice
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Sounds reasonable, even without specific inclusion in the agreement, but it's *temporary* isn't it, till a two-sided hearing can be held? Also, the TRO would be subject to the contract being valid, which is the question in the Cal. court now.
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Yes but Arbitrator says the right to do this without notice is expressly given in the contract
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I believe the arbitrator was referring to section 5.1.3. Whether ADR Services Inc. should find such a provision enforceable is between them, God, and the California legislature. Apparently it was good enough for this arbitrator.
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That provision only gives DD that right, not the LLC
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Good point. Yes, that order should not have been issued, especially since there appears to be no contract with DD, whoever that might be.
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The agreement that was never fully executed? Not where I come from.
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The Arbitration Rules of ADRS seem expressly to forbid ex parte TRO's. http://www.adrservices.com/wp-content/uploads/2017/04/ADR-ARBITRATION-RULES-Final-Version-4-11-17.pdf …
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Rule 19: "No party and no one acting on behalf of any party shall communicate unilaterally (ex parte) concerning the arbitration with a neutral arbitrator or a candidate for neutral arbitrator."
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