What is a motion to compel arbitration?

A motion to compel arbitration is a legal document filed in an Iowa court when one party to a contract believes the other party has breached the terms of the contract. The motion asks the court to enforce the contract’s arbitration clause, which means the parties will proceed to resolve their dispute through arbitration, rather than through a trial in court. In Iowa, a motion to compel arbitration may be filed before or after the other party initiates a lawsuit in court. If the motion is granted, the court will issue an order that requires the parties to proceed to arbitration. If the motion is denied, the lawsuit will proceed to trial in court. Under Iowa arbitration law, the court must determine whether the arbitration clause is valid and enforceable. Usually this is not a difficult determination because parties usually enter into arbitration clauses voluntarily and all of the terms are known and agreed upon by both parties. The motion to compel arbitration may also be denied if the court finds the dispute is outside the scope of the arbitration contract. In addition, the court may also deny the motion if it believes the arbitration process will be too expensive or if the arbitrator is not impartial. Once a motion to compel arbitration has been granted, the parties will then proceed to arbitration to resolve their dispute in an informal setting. The arbitration process is usually quicker and less expensive than a trial in court. It also allows the parties to reach an agreement that could be beneficial to both sides.

Related FAQs

What is the definition of “party autonomy” in arbitration?
How does an arbitration process work?
How do I challenge the jurisdiction of an arbitrator?
Are there any special considerations for employment arbitration?
Can arbitration awards be modified?
Are there any special considerations for labor arbitration?
Are there any special considerations for commercial arbitration?
How do I submit evidence in an arbitration hearing?
What is an order to show cause?
Can I challenge an arbitrator’s decision?

What is a motion to compel arbitration?

Related FAQs

Related Blog Posts