Motion to Compel Arbitration - No Waiver of Right
What is this form?
The Motion to Compel Arbitration - No Waiver of Right is a legal document used to request a court order enforcing an arbitration clause in a contract. This form is essential for parties who wish to resolve their disputes through arbitration instead of litigation, ensuring that the terms of their agreement are honored. Unlike general motion forms, this specific motion emphasizes that the party requesting arbitration has not waived their right to do so, thereby reinforcing their legal standing.
Key components of this form
- Title: Identifies the document as a Motion to Compel Arbitration.
- Parties involved: Names of the plaintiff and defendant are specified.
- Factual background: A section to describe the underlying facts of the dispute.
- Arbitration clause description: Details the relevant arbitration clause from the contract.
- Legal argument: States why the court should enforce the arbitration agreement.
- Certificate of service: Confirms that all parties have been notified about the motion.
Legal requirements by state
This form is suitable for use across multiple states but may need changes to align with your state’s laws. Review and adapt it before final use.
When this form is needed
This motion should be used when one party wishes to enforce an existing arbitration clause against another party who refuses to arbitrate. Scenarios might include disputes over contracts, service agreements, or any situation where arbitration is agreed upon as the method of resolving conflicts between the parties. It is crucial when a party seeks to avoid litigation, thereby saving time and resources.
Who can use this document
- Defendants in a civil case who wish to enforce an arbitration clause.
- Attorneys representing clients in disputes involving arbitration agreements.
- Parties involved in contracts that explicitly state arbitration as the method for dispute resolution.
How to prepare this document
- Identify the parties: Fill in the names of the plaintiff and defendant.
- Describe the dispute: Clearly articulate the facts surrounding the disagreement.
- Insert the arbitration clause: Specify the relevant clause from the contract that warrants arbitration.
- Include legal arguments: Explain why the court should order the opposing party to arbitration.
- Complete the service certificate: Indicate how and when the motion was served to the other parties.
Notarization requirements for this form
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Typical mistakes to avoid
- Failure to adequately describe the facts of the dispute.
- Not including the specific arbitration clause being enforced.
- Omitting the names of all relevant parties in the motion.
- Neglecting to complete the certificate of service properly.
Why complete this form online
- Convenient access to download and customize the motion at any time.
- Templates designed by licensed attorneys, ensuring legal accuracy.
- Easy to fill out and edit, reducing errors associated with handwritten documents.
Form popularity
FAQ
Dispositive or non-dispositive motion for purposes of § 636. Lee v.The First and Third Circuits, along with a district court in this circuit, however, have concluded that a motion to compel arbitration is a non-dispositive motion within the jurisdiction of a magistrate judge.
The plaintiff can arbitrate and challenge the decision to compel arbitration by appeal after the merits of the case are decided by the arbitrator and confirmed as a judgment.
In most cases, arbitration is a voluntary process. In other words, both parties must agree to arbitrate their dispute one party cannot be forced into it.Most states have statutes governing arbitration, and there is a federal arbitration act that may also apply to your case.
Definition. A motion to compel arbitration is a request made to a court in a pending litigation matter to force a party to submit the dispute to arbitration.
In the event that a party fails to appear at the arbitration, the arbitration must still proceed.Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement.
Sufficient background facts so that the judge understands the outlines of the dispute. Text of the arbitration agreement. Identities of the parties to the lawsuityou and the other person or company. Explanation of how the court has jurisdiction over the lawsuit.
Sufficient background facts so that the judge understands the outlines of the dispute. Text of the arbitration agreement. Identities of the parties to the lawsuityou and the other person or company. Explanation of how the court has jurisdiction over the lawsuit.
