Federal Arbitration Act Motion To Compel In Illinois
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FAQ
Arbitration is a mandatory but non-binding informal hearing where a neutral arbitrator, or panel of arbitrators, is selected to hear the evidence in your case. Arbitrators are knowledgeable, impartial practicing attorneys or retired judges.
Parties can also later agree to arbitrate an existing dispute through a separate contract. The agreement between the parties to submit their dispute to arbitration is a legally binding contract.
At the arbitration hearing, the parties present their case to the arbitration panel and the arbitrators make a monetary award based on the evidence. The Illinois Code of Civil Procedure, Illinois Supreme Court Rules and the established rules of evidence all apply in arbitration hearings.
As another example, you would file a Motion to Compel Discovery if you have asked the other side to turn over documents or answer questions during discovery and they refuse. This motion asks the court to force the other side to turn over those documents.
The petition must allege that there is a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy. (Code Civ. Proc., § 1281.2.)
Ask the court to approve (confirm) or correct an arbitrator's decision (award) in an arbitration done under an agreement between the parties and to make the award a court decision (judgment) or ask the court to cancel (vacate) the arbitrator's award.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
What does it mean to invoke arbitration? Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.
Employers often include mandatory-arbitration clauses in their employment contracts, as do many companies that conduct business with consumers.