What is the difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration?
The differences between a motion to compel arbitration and a motion to stay proceedings pending arbitration are key when it comes to arbitration law in Oregon. A motion to compel arbitration basically tells the court that the parties involved in the dispute agree to settle the issue through arbitration instead of in court. It requires the parties to follow the state’s arbitration law, and the court will usually order both sides to go through with arbitration if the motion is granted. On the other hand, a motion to stay proceedings pending arbitration asks the court to stop or pause the case from going further in court and to stay the proceedings while the parties complete the arbitration process. This motion does not require the court to order the parties to settle through arbitration, however, the court can refuse both motions if it finds that arbitration would be inappropriate. In Oregon, the court must decide that the arbitration agreement is valid and enforceable before it grants either motion. In sum, the motion to compel arbitration is used to ask the court to order the parties to settle through arbitration while the motion to stay proceedings pending arbitration is used to ask the court to pause the case while the parties complete the process of arbitration.
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