The contract, after saying the parties “shall” arbitrate any dispute, adds:
Nothing in this clause shall prejudice Syntel or PowerShare’s right to seek injunctive relief or any other equitable/legal relief or remedies available under law.
Does that mean Syntel or PowerShare can run to court? Because it allows “any . . . equitable/legal relief or remedies available under law.” Which must include trial by jury. Right?
No. PowerShare, Inc. v. Syntel, Inc., No. 09-1625 (1st Cir. Mar. 1, 2010).
Blawgletter observes that sentences like the one on which the appeal turned sometimes aim to give the parties the option of asking a court to grant interim relief like a temporary restraining order or preliminary injunction. But this one plainly didn’t go that way. It just said, as the First Circuit held, the arbitrator has power to do whatever the dispute calls for.
We also take this moment to apologize to the First Circuit for griping about the way it displays opinions. We hadn’t noticed that the court makes all opinions available in three formats — html, WordPerfect, and pdf. (We used the pdf link this time.) Sorry, First Circuit!