Compelling and Staying Arbitration in the US Toolkit | Practical Law

Compelling and Staying Arbitration in the US Toolkit | Practical Law

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.

Compelling and Staying Arbitration in the US Toolkit

Practical Law Toolkit w-008-3665 (Approx. 13 pages)

Compelling and Staying Arbitration in the US Toolkit

by Practical Law Arbitration
MaintainedPuerto Rico, USA (National/Federal)
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.

Practice Notes