Motion To Dismiss And Compel Arbitration Template With Clause

State:
Texas
Control #:
TX-CC-38-07
Format:
PDF
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Description

The Motion to Dismiss and Compel Arbitration template is a legal tool used to request the court to dismiss a case and enforce arbitration as an alternative to litigation. This template includes key clauses that articulate the reasons for dismissal, highlighting relevant arbitration agreements and statutes supporting this request. It serves as an efficient way for legal professionals to present their arguments clearly and succinctly, ensuring compliance with procedural requirements. Key features of the form include sections for detailing the parties involved, the nature of the dispute, and the specific arbitration rules applicable. Users are instructed to fill in pertinent information, such as the names of the parties and the basis for arbitration, ensuring clarity in communication. This template is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who wish to streamline the process of resolving disputes outside the courtroom. By employing this template, legal professionals can save time, reduce litigation costs, and foster more amicable resolutions for their clients.
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  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss
  • Preview A07 Motion to Compel Arbitration and Dismiss

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FAQ

Ask them if they will allow you to sign the contract without the arbitration clause. If they say yes, then take advantage of this, and opt out of the arbitration clause. One step you can take, is simply, to take your pen and cross out all of the languages that mention arbitration.

A motion to dismiss is a request made by a party to the arbitrator(s) to remove some or all claims raised by another party filing a claim.

Draft a Motion to Compel Arbitration. A title, e.g., Motion to Compel Arbitration. The arbitration clause in the agreement. Identities of both parties involved in the lawsuit. The states you both come from. Explain how the court has jurisdiction over the case.

Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out. Check your contract for the deadline and for specific instructions for opting out.

For example, the standard ICC arbitration clause reads as follows: ?All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in ance with the said Rules.?

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Motion To Dismiss And Compel Arbitration Template With Clause