Washington Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration

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Multi-State
Control #:
US-02644BG
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Word; 
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Description

A motion to stay refers to a motion filed to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration
  • Preview Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration
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How to fill out Motion To Stay Action Of Attorney Against Client For Fees Pending Arbitration?

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FAQ

The ICC Arbitration Rules 2021 include a deadline of six months from the last signature to the terms of reference and the SCC Arbitration Rules 2023 also set a six month deadline from the date on which the arbitration was referred to the tribunal.

In principle, a stay will only be granted if exceptional reasons or circumstances exist. There are four guiding criteria that would be generally taken into account by arbitral tribunals when seized with a stay request. First, the external circumstances must have a clear impact on the arbitration.

?(1) A party to an arbitration agreement against whom legal proceedings are brought?in respect of a matter which under the agreement is to be referred to arbitration may?apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.

Parties may have reached settlement before, or even during, MFA Arbitration, sometimes after evidence has been taken but before an award is issued. They may ask the arbitrator for an opportunity to mediate or negotiate settlement between themselves during the Arbitration.

As Judge Graber points out, "When a party requests a stay pending arbitration of ?any issue referable to arbitration under an agreement in writing,? the court ?shall . . . stay the trial of the action? until the arbitration concludes or unless the requesting party is ?in default in proceeding with such arbitration.?

The short answer is yes. No set of institutional rules prevents a party from abandoning claims it has raised in an arbitration. But there could be important implications to think through, depending on when the withdrawal occurs, and what else has occurred in the proceedings.

(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion.

A business contract, lease or other written contract may contain an arbitration clause. By using such a clause, the parties to the contract agree to arbitrate any future disputes. As with any clause, all parties must agree to it's use in the contract before the contract is signed.

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Washington Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration