December 01, 2021
Summary: Are you trying to file a motion to compel arbitration? Find out how to do it the right way with this free sample motion to compel arbitration.
A motion requests the court for a specific ruling, direction, or order. One such motion is the motion to compel arbitration. You can compel arbitration as long as you have a valid and enforceable written agreement to force the other party to submit the dispute to arbitration.
For instance, if a debt collector sues you, you can file a motion to compel arbitration to avoid going to court or delay the court process.
Arbitration can either be binding or non-binding. Binding arbitration means that the decision made by the arbitrator is final and can be enforced in court. On the other hand, when arbitration is non-binding, it means that the decision made by the arbitrator is just a recommendation and can only be enforceable if both parties accept the recommendation.
If a complaint contains arbitrable and non-arbitrable claims, the court can't deny a motion to compel arbitration even if the litigation involves non-arbitrable issues. The court can only deny a petition for arbitration if the non-arbitrable issues are outside the scope of the parties.
Before filing a motion to compel arbitration, ensure that you meet the set prerequisites for arbitration. Below are some tips to successfully file a petition to compel arbitration.
Ensure you have a valid arbitration agreement. Without a valid arbitration agreement, you can't bring a motion to compel arbitration in court. For this reason, you'll need to go through the contract you had with the other party and check to see whether you had an agreement. If an agreement exists, confirm if it was signed by both parties.
Make sure the dispute falls under the arbitration provision. Some agreements may create exceptions for arbitrable issues and non-arbitrable issues. For instance, you may have an agreement with your employer that categorizes pay disputes as an arbitrable issue but other types of work disputes as non-arbitrable. Before filing a motion to compel arbitration, ensure the dispute subject matter falls within the arbitration agreement.
Determine where the arbitration will take place. After confirming that the dispute is eligible for arbitration, you'll need to determine the place where you agreed to arbitrate. Next, you should petition the motion to compel arbitration in the district where your arbitration is supposed to be held. The district is usually indicated in your arbitration provision.
Seek help from an attorney. An attorney can advise you on the best course of action to take regarding your motion. It's therefore essential to choose one who's experienced in arbitration-related issues.
Decide with which court you will file your petition. It's best to file this type of motion in a federal court because they favor arbitration more than state courts. However, there's no guarantee that a federal court will accept your case.
Here are a few circumstances in your case that may allow you to file in a federal court:
However, if it's impossible to file in a federal court, you can still go ahead and file in a state court.
Draft a motion to compel arbitration. Section 4 of the Federal Arbitration Act (FAA) allows you to file a motion to compel arbitration even if the plaintiff hasn't filed a lawsuit against you. For this reason, you can go ahead and draft your motion. Ensure the information contained in the draft includes:
File the motion to compel arbitration. After drafting the motion to compel arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
You'll also need to inquire from the court clerk about the filing fee and acceptable payment methods.
Schedule a hearing. When filing your petition, you need to schedule your hearing as well. The petition will serve as a notice that the hearing can be held five days from the date you filed the petition.
Serve the other party with a notice of the motion. After filing petition documents with the court, you'll need to provide copies of the same documents to the other party or their lawyer. Send them a copy of the complaint, the notice of hearing, and a summons from the court.
You can only serve the other party with a notice after you've filed a motion with the court. This is because the court has to give a summons document to present to the other party. In some cases, the court may give you a blank summons, and you'll be required to fill it out before serving it to the other party.
If you've filed your case in a federal court, you can serve the notice to the other party by:
Attend the court hearing. It's upon the judge to decide the validity of the arbitration agreement. If the arbitration agreement is valid, then the judge can order compelling arbitration. However, if the agreement isn't valid, the judge may order a trial.
Filing for a motion to compel arbitration depends on the circumstances in your case. However, you still need to meet certain prerequisites, such as having a valid arbitration agreement before filing such a motion in court.
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