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 Dakota Motion to Compel Arbitration - No Waiver of Right
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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.
Proc., § 1281.) Although arbitration is encouraged as a preferred method of resolving disputes, arbitration agreements may be deemed unenforceable by courts where they are found to violate basic contract principles or exhibit traits of unconscionability. Armendariz v. Foundation Health Psychcare Services, Inc.
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 ...
[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.
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.
On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate ...
[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.