Guam Motion to Stay Action Pending Arbitration

State:
Multi-State
Control #:
US-02643BG
Format:
Word; 
Rich Text
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Description

Motion to stay and abate refers to a motion filed to abate to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources and to preserve the statute of limitations periods.

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FAQ

Under most arbitration rules the respondent has 30 days to file an Answer / Response to the Notice of Arbitration, although short extensions of time are often granted following a reasoned request and there are variations (the LCIA Arbitration Rules, for instance, provide for 28 days to respond).

Recognition or confirmation of an award is usually sought by filing a petition. The party seeking recognition and enforcement or confirmation of an award must submit to the court a copy of the award and the parties' arbitration agreement.

More often, courts are asked to enforce an arbitration agreement with the filing of a motion to stay a lawsuit.

Under the Federal Act, a party seeking to enforce an arbitration award must do so within one year after the award is made. However, nothing prevents a successful party from seeking to enforce the award immediately upon its issuance.

Even on the termination of the agreement/contract, the arbitration clause will survive. Even when the agreement/contract comes to an end by efflux of time, the arbitration clause will not come to an end. In spite of the declaration that a contract is null and void, the arbitration clause continues to be enforceable.

A stay of arbitral proceedings takes place when the arbitral tribunal decides to temporarily suspend an arbitration, usually because there are other proceedings, either at a court or another arbitration, that are relevant to settle the dispute.

The arbitration process may be either binding or non-binding. When arbitration is binding, the decision is final, can be enforced by a court, and can only be appealed on very narrow grounds. When arbitration is non-binding, the arbitrator's award is advisory and can be final only if accepted by the parties.

Recognition or confirmation of an award is usually sought by filing a petition. The party seeking recognition and enforcement or confirmation of an award must submit to the court a copy of the award and the parties' arbitration agreement.

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Guam Motion to Stay Action Pending Arbitration