What is the difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration?
A motion to compel arbitration is a request filed with the court by one or more of the parties to a dispute to order the other party or parties to proceed with arbitration. This motion must be filed when an arbitration clause has been included in the parties’ contract but the other party is refusing to participate in arbitration. A motion to stay proceedings pending arbitration is a request filed with the court by one or more of the parties to a dispute to pause court proceedings and wait until arbitration has taken place to resolve the dispute. This motion must be filed when an arbitration clause has been included in the parties’ contract and the other party is refusing to participate in arbitration but the court proceedings are already underway. In Delaware, the Delaware Court of Chancery has jurisdiction over motions to compel arbitration and motions to stay proceedings pending arbitration. The Delaware Uniform Arbitration Act provides for a broad scope of enforcement of arbitration clauses and agreements in Delaware. The court will consider the motion and, if it decides the parties must proceed with arbitration, it will order them to do so. If the court finds in favor of the motion to stay proceedings pending arbitration, it will suspend the current court proceedings until the arbitration is complete.
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