Federal Arbitration Act Motion To Compel In Maricopa
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The FAA applies to the parties' agreement to arbitrate disputes whether or not it is expressly mentioned in that agreement — and is presumed to preempt the state law selected in a general choice-of-law provision unless the contract expressly evidences the parties' clear intent that state arbitration law applies in ...
Notably, most provisions of the Federal Arbitration Act do not apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce .
Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.
It applies in both state courts and federal courts, as was held in Southland Corp. v. Keating.
A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising ...
Mandatory binding arbitration often requires the parties to waive specific rights. Specifically, the relevant contract provision removes or limits a party from suing if they feel wronged. They must go to arbitration instead. It also takes away their right to appeal any decision.
The Superior Court has general jurisdiction, including civil proceedings where the amount involved exceeds $10,000. For all other cases that Superior Court accepts, please visit the Clerk of Superior Court's webpage for Civil Case Filing Options and Arizona Supreme Court.
Mail the original, copies and envelopes to: Clerk of Superior Court's Office, Criminal File Counter, 201 W. Jefferson, Phoenix, AZ 85003. After you have filed your Motion, the Judge may enter an Order or a Minute Entry advising you of their decision. You should receive notice from the court via the mail.
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.)