What is a motion to compel arbitration?
A motion to compel arbitration is a request that a court make an order requiring the parties involved in a dispute to proceed to an arbitration hearing rather than engaging in traditional litigation. This request is often made when parties are unable to come to a resolution on their own and need to bring in a neutral third party to hear the facts of the case and make a decision. In the State of Texas, any agreement to arbitrate must meet certain conditions to be valid. According to the Texas General Arbitration Act, the agreement must be in writing and signed by both parties. It must also specify the issues to be submitted to arbitration, the number of arbitrators, and the method by which the arbitrators will be selected. The agreement can also include a provision for the selection of an arbitrator by the parties, if they choose to do so. If one of the parties does not comply with a request to arbitrate, the other party may make a motion to compel arbitration. This motion is normally filed in the court that has jurisdiction over the dispute. The court will then review the motion and decide if it should be granted, or if the parties should proceed to a traditional trial. If the motion is granted, the parties will be required to go to the arbitration hearing. There, they will present their evidence and the arbitrator will make a determination based on what was discussed.
Related FAQs
What is a U.S. Model Arbitration clause?Are there any special considerations for labor arbitration?
What are the rules of evidence and procedure in an arbitration hearing?
What is a class action arbitration?
What is estoppel in arbitration?
Are the decisions of an arbitrator binding?
Are there any special considerations for commercial arbitration?
What are the differences between arbitration and other forms of dispute resolution?
Is there a process for consolidating multiple arbitrations?
Are there any special considerations for international arbitration awards?
Related Blog Posts
Unlocking the Basics of Arbitration Law: What You Need to Know - July 31, 2023Top Tips for Navigating Arbitration Law Successfully - August 7, 2023
Comparing International and Domestic Arbitration: What Businesses Should Know - August 14, 2023
Effective Strategies for Drafting Arbitration Agreements - August 21, 2023
Common Misconceptions About Arbitration Law: What Everyone Needs to Know - August 28, 2023