How do I challenge forum-selection clauses in arbitration?

It is possible to challenge forum-selection clauses in arbitration in North Carolina. These clauses determine where the arbitration will take place and who will arbitrate the dispute. To contest a forum-selection clause, one must first identify the clause that requires arbitration in the state or country. Then, the party challenging the clause must determine if the clause was validly agreed to by both sides to the dispute. To challenge a forum-selection clause in North Carolina, the party must file a motion to stay the arbitration proceedings or to move the proceedings to a different location. The motion must be filed in the court where the arbitration is taking place or where the arbitration agreement was signed, whichever is applicable. Once the motion is filed, the other party must respond and the court will issue an order either granting or denying the motion. If the motion is denied, the party can file an appeal with the appellate court. The appellate court will review the trial court’s decision and may grant the motion if it believes the clause was invalid. If the motion is granted, the arbitration proceedings will be either stayed or moved to a different location chosen in the motion. It is important to remember that arbi tration challenges can be costly and time-consuming, so it is important to seek legal advice prior to filing a motion to contest a forum-selection clause.

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