Federal Arbitration Act Motion To Compel In Cook
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It is best practice to move to compel arbitration early in the litigation.
A defendant may file a petition to compel arbitration in lieu of filing an answer to a complaint. This defendant will then have 15 days after any denial of the petition to plead to the complaint. (Code Civ. Proc., § 1281.7.)
Under the FAA, an award may be set aside if (1) the award was procured by corruption, fraud, or undue means; (2) there was evident partiality or corruption by the arbitrators; (3) the arbitrators were guilty of misconduct in refusing to postpone the hearing for sufficient cause, in refusing to hear pertinent and ...
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.
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.
The federal rules do not contain any time limit in which a motion to compel discovery must be filed. But you should check your court's local rules and even the judge's standing order.
A party may compel arbitration as long as they have a valid and enforceable written agreement to submit a dispute to arbitration.
If one party refuses to participate in arbitration, it can complicate the resolution process, particularly if arbitration is a contractual requirement. However, similar to mediation, the non-participating party's refusal does not prevent the other party from seeking alternative avenues for resolution.
What Happens if the Motion is Denied? If the court denies your motion to compel discovery, the opposing party is not obligated to provide the requested materials. Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels.