Denise M. Motta (Of Counsel-Louisville) and Samuel E.T. Jones (Associate-Louisville) obtained a favorable decision from the United States District Court, Southern District of Indiana, granting a motion for preliminary injunction on behalf of their geotechnical engineering client. The client had provided geotechnical services for an interstate construction project that later became the subject of an arbitration proceeding. After being joined to the arbitration over objection, the client filed suit in federal court seeking a declaratory judgment that the claims asserted against it were not subject to arbitration. The court granted the preliminary injunction, finding that the dispute resolution clause in the upstream contract was not binding on the engineering client, nor did it delegate authority to the arbitrator to determine arbitrability. The court further concluded that the client was likely to succeed on the merits of the declaratory judgment action. As a result, the court enjoined and stayed the arbitration proceedings as to the geotechnical engineer. The court also denied a motion to dismiss based on forum non conveniens for the same reasons.