What is a motion to stay proceedings pending arbitration?

A motion to stay proceedings pending arbitration is a way for parties to resolve their dispute without going to court. In South Carolina, a motion to stay proceedings pending arbitration is a request to the court by either or both parties to delay litigation until the parties have had an opportunity to resolve the dispute through arbitration. When parties file a motion to stay proceedings pending arbitration, they are asking the court to suspend the legal proceedings until the parties can agree to resolve their dispute through an arbitration process. Generally, the arbitration must be conducted by a third-party, such as an attorney or a board of arbitrators, who will hear both sides of the dispute, review evidence, and ultimately make a decision as to who is in the right. In South Carolina, a motion to stay proceedings pending arbitration must be filed within 10 days of the date of filing the complaint or petition. This motion must include a copy of the arbitration agreement, information about the arbitration process, and proof of service of the motion and the arbitration agreement on the other party. The court may grant the motion to stay proceedings pending arbitration if it believes some or all of the claims can more efficiently be resolved through the arbitration process.

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What is a motion to stay proceedings pending arbitration?

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