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.
Maryland Motion to Compel Arbitration — No Waiver of Right Keywords: Maryland, motion, compel arbitration, no waiver of right A Maryland Motion to Compel Arbitration — No Waiver of Right is a legal document filed by a party in the state of Maryland to enforce an arbitration agreement and ensure that the opposing party cannot waive their right to arbitration. This motion is commonly used in civil cases where parties have agreed to resolve their disputes through arbitration rather than traditional litigation. There are different types of Maryland Motion to Compel Arbitration — No Waiver of Right, depending on the specific circumstances of the case: 1. Contractual Arbitration Agreement: This type of motion is filed when the parties entered into a contract that includes an arbitration clause, requiring them to resolve any disputes through arbitration. The motion argues that the opposing party cannot waive this right agreed upon in the contract, and thus arbitration is the appropriate method for dispute resolution. 2. Statutory Arbitration Agreement: In some cases, Maryland law may require or provide for arbitration as the preferred method of resolving certain types of disputes. A motion to compel arbitration can be filed based on a specific Maryland statute that mandates or encourages arbitration for particular claims. 3. Adhesion Contract Arbitration Agreement: An adhesion contract is a standard form contract where one party has all the bargaining power, and the other party has little or no ability to negotiate the terms. In such cases, a motion to compel arbitration may be necessary to enforce an arbitration clause within the adhesion contract, ensuring that the party with less bargaining power is not forced into litigation. 4. Employment Arbitration Agreement: This type of motion is filed in employment-related cases, where an arbitration agreement exists between an employer and employee. The motion argues that the employee cannot waive their right to arbitration, even if they signed an agreement containing such a waiver clause, as it violates their statutory or constitutional rights. In each type of Maryland Motion to Compel Arbitration — No Waiver of Right, the moving party seeks to enforce the arbitration agreement and prevent the opposing party from opting for traditional litigation, emphasizing the importance of the earlier agreement made between the parties. These motions aim to uphold Maryland's policy favoring arbitration as an efficient and cost-effective alternative to court proceedings.
