Interim Relief Clause
Also called: Injunctive Relief Carve-Out · Emergency Relief Clause
An interim relief clause preserves either party's right to seek urgent court orders — such as an injunction to stop an ongoing harm — even when the contract otherwise requires disputes to go through mediation or arbitration first. It recognises that some situations can't wait for a lengthy alternative dispute resolution process.
In more detail
Mediation and arbitration processes take time — weeks or months — which is fine for most commercial disputes but inadequate when irreparable harm is actively happening, such as an ongoing confidentiality breach or a competitor using misappropriated trade secrets right now.
Without this carve-out, a strictly drafted arbitration or mediation clause could technically require a party to wait through the full alternative dispute resolution process even while suffering harm that can't be undone — courts in most jurisdictions still permit urgent relief regardless, but an explicit clause removes any ambiguity.
This clause is typically narrow by design — it doesn't bypass arbitration or mediation for the underlying dispute generally, only for the specific, urgent request for a court to stop ongoing harm while the main process continues.
A former employee begins using a company's trade secrets at a new employer, in breach of confidentiality obligations. Despite the employment contract's arbitration clause, the interim relief carve-out allows the company to seek an immediate court injunction to stop the ongoing misuse, while the underlying dispute proceeds through arbitration.
What our lawyers check
- Whether an interim relief carve-out exists alongside any arbitration or mediation clause
- What types of relief are covered — injunctions specifically, or broader emergency measures
- Which courts have jurisdiction to grant that interim relief
- Whether the carve-out is mutual or available to only one party
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
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