An Arbitration clause is a contractual provision that mandates arbitration of disputes about the rights, duties, and liabilities of the contracting parties. This provision results in the avoidance of litigation.
Kentucky Motion to Compel Arbitration - No Waiver of Right
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How to fill out Motion To Compel Arbitration - No Waiver Of Right?
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[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.
Rules and Requirements 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).
Before a trial court may grant a motion to compel arbitration it must necessarily determine if a valid agreement exists to arbitrate the dispute. This is a requirement set forth in the Federal Arbitration Act (9 U.S.C. § 2 et seq., FAA) and the California Code of Civil Procedure.
The essentials of arbitration agreement include a genuine dispute, a written agreement, parties' intent to arbitrate and their signatures. These essential conditions of an arbitration agreement help to define its validity.
Where do the parties want the 'seat' of the arbitration to be? This is important because the seat of the arbitration will also mean that the laws of that jurisdiction will apply to the arbitration's procedure. Some jurisdictions do not have laws (or courts) that adequately support effective arbitration.
The time to file a petition to compel arbitration does not begin to run until one party refuses to arbitrate. Then the four-year statute of limitations for a written contract begins to run.
Rules and Requirements 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).
Mandatory binding arbitration often requires the parties to waive specific rights. Specifically, the provision in a contract 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.