A Toolkit of resources to help counsel submit an application to a US federal or state court requesting an order to compel or stay arbitration. This Toolkit includes resources that explain the considerations and procedures necessary when asking a court to compel or stay arbitration proceedings.
When a party commences a lawsuit in defiance of an arbitration agreement, the opposing party may need to seek a court order to stay the litigation and compel arbitration. Likewise, when a party commences an arbitration proceeding in the absence of an arbitration agreement, the opposing party may need to seek a court order staying the arbitration. This Toolkit provides a list of resources that describe the key issues confronting counsel requesting a court to compel or stay arbitration in federal and state courts under the Federal Arbitration Act and state arbitration statutes, including:
The legal issues counsel must consider.
The form of the application.
The procedure for filing and serving the application.