Federal Arbitration Act Motion To Compel In Cuyahoga
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If, after granting the motion to compel arbitration, the district court stays the case and does not dismiss it, the FAA forbids an interlocutory appeal by the party opposing the motion to compel arbitration who desires to remain in court. See 9 U.S.C. § 16(b)(2).
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.
Ohio has a public policy favoring the enforcement of arbitration provisions in contracts and ORC 2711.01(A) provides that such provisions will be enforced unless grounds exist in law or equity for revocation of the contract.
The FAA applies to any contract “evidencing a transaction involving commerce” that is subject to a written agreement to arbitrate.
If a judge denies a motion to compel arbitration, the losing party has the right to an immediate appeal of that decision. This right to appeal provides an incentive for companies to enforce their arbitration provisions, while removing the insulation from appeal that other pretrial orders enjoy.
A petition to compel arbitration must allege the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate such controversy. CCP § 1281.2 (c) (amended eff 1/1/19).
If a motion to compel arbitration is denied, the movant can immediately appeal that decision under 9 U.S.C. § 16. But if the motion to compel arbitration is granted, Smith's requirement that the case be stayed rather than dismissed leaves the opposing party little appellate recourse, at least in the short term.
It is best practice to move to compel arbitration early in the litigation.
11.0 HEARING AND SUBMISSION OF MOTIONS If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of all affidavits, depositions, photographs or documentary evidence which the movant desires to submit in support of the motion.