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.
New Jersey Motion to Compel Arbitration - No Waiver of Right
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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).
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.
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.
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.
[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.
Under New Jersey Court Rule A, parties in certain civil cases are required to take part in mandatory, non-binding arbitration. Mandatory non-binding arbitration in New Jersey can lead to early resolution of cases, saving all parties' attorneys' fees and other costs.
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.