What is a motion to compel arbitration?
A motion to compel arbitration is a legal document used in the state of Virginia when two parties are involved in a dispute that they have agreed to settle through arbitration. It is a formal request to the court asking them to enforce an arbitration agreement. Typically, it will be filed after one of the parties has made a demand for arbitration. When a motion to compel arbitration is filed, the court will review the arbitration agreement to verify that the parties agreed to arbitration. The court may also look at the underlying dispute to determine if the dispute is covered by the agreement. If the court finds that the arbitration agreement is valid, it will then issue an order compelling the parties to proceed with arbitration. The purpose of a motion to compel arbitration is to ensure the parties do not delay the process, or try to avoid the arbitration process by filing a lawsuit in court. When an order to compel arbitration is issued, the parties are expected to follow through with the arbitration process without further delay. That’s why it’s important the parties fully understand the arbitration agreement before signing it, so they understand the consequences of filing a motion to compel arbitration.
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