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Motion to Compel Arbitration
Formally request a court to enforce an arbitration agreement with this Motion to Compel Arbitration Template.
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Motion to Compel Arbitration Template
This Motion to Compel Arbitration (“Motion”) is filed in the [Name of Court], [Jurisdiction], by [Movant Name], the [Plaintiff/Defendant], in Case No. [Case Number].
1. Introduction
The Movant respectfully moves this Court for an order compelling arbitration and staying these proceedings pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., and/or applicable state arbitration laws.
2. Parties
Movant (Filing Party): [Full Legal Name / Company Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email Address]
Respondent (Opposing Party): [Full Legal Name / Company Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email Address]
3. Background and Relevant Facts
The Parties entered into a contract dated [Contract Date].
Section [Clause Number] of the contract contains a valid arbitration provision.
A dispute arose regarding [Brief Description of Dispute].
Despite this agreement, the Respondent filed a lawsuit in this Court instead of submitting to arbitration.
4. Legal Standard
Under the FAA and applicable state law, arbitration agreements are valid, enforceable, and must be honored unless grounds exist for revocation of the contract. Courts are required to enforce such agreements and stay litigation.
5. Argument and Authorities
A. Existence of a Valid Arbitration Agreement
The Parties executed a written agreement that includes a binding arbitration clause.
B. Dispute Falls Within the Scope of the Arbitration Agreement
The dispute concerns matters explicitly covered by the arbitration clause.
C. Stay of Proceedings is Required
Litigation should be stayed pending completion of arbitration to prevent duplicative proceedings and preserve judicial resources.
6. Relief Requested
The Movant respectfully requests that the Court:
Compel the Parties to submit their dispute to arbitration.
Stay all current court proceedings pending completion of arbitration.
Award any additional relief deemed just and proper.
7. Certificate of Service
I certify that a copy of this Motion was served on the Respondent or their attorney on [Date] by [Method of Service, e.g., mail, e-filing].
8. Attachments
Attach supporting documents, including:
Copy of the signed contract containing the arbitration clause.
Affidavits or declarations supporting the motion.
Evidence of the opposing party’s lawsuit filing.
Signatures
Movant Signature: ____________________________ Date: _________
Printed Name & Title: _________________________________________
Attorney for Movant: ____________________________ Date: _________
Printed Name & Title: _________________________________________
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Motion to Compel Arbitration
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For quick answers, scroll below to see the FAQ.
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For quick answers, scroll below to see the FAQ.
MOTION TO COMPEL ARBITRATION FAQ
What is a Motion to Compel Arbitration?
A Motion to Compel Arbitration is a legal filing requesting that the court enforce an arbitration clause in a contract, requiring the dispute to be resolved through arbitration instead of a courtroom trial.
Why is a Motion to Compel Arbitration important?
It protects the parties' original agreement to arbitrate, prevents costly and lengthy litigation, and ensures compliance with federal and state arbitration laws such as the Federal Arbitration Act.
When should you file a Motion to Compel Arbitration?
File this motion when the opposing party files a lawsuit despite having agreed to resolve disputes through arbitration. It’s typically filed early in litigation to avoid further legal costs.
What should a Motion to Compel Arbitration include?
It should identify the arbitration clause, explain its validity, demonstrate that the dispute falls within its scope, and request the court to stay proceedings while arbitration is conducted.
Can the court deny a Motion to Compel Arbitration?
Yes. A court may deny the motion if the arbitration clause is invalid, unconscionable, or does not apply to the specific dispute.
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