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.
North Carolina Motion to Compel Arbitration - No Waiver of Right
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Motions to Dismiss Some courts have found that a motion to dismiss can waive arbitration rights, but ?[n]ot every motion to dismiss is inconsistent with the right to arbitration.? See, e.g., Hooper, 589 F. 3d at 922.
A party may compel arbitration as long as they have a valid and enforceable written agreement to submit a dispute to arbitration. Arbitration, and specifically the procedures for compelling arbitration, are governed by Code of Civil Procedure section 1280 et seq.
If you're a prospective plaintiff, however, the most important thing for you to know is that signing a mandatory arbitration clause means you waive your right to file your claim in court to be tried by a judge and/or jury.
[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.
Further, numerous courts have held that merely removing a case to federal court, where the defendant has not engaged in protracted litigation or obtained discovery, does not give rise to waiver of the right to arbitrate because removal alone is not sufficiently inconsistent with the right to seek arbitration and does ...
A motion to dismiss is a request made by a party to the arbitrator(s) to remove some or all claims raised by another party filing a claim.
[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.
An opposition to a motion to compel arbitration requests that the court retain the court proceeding and decline to order the parties to resolve their dispute in an arbitration proceeding. A party may oppose a motion to compel arbitration on the basis of an allegedly unconscionable arbitration agreement.