What is the difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration?
A motion to compel arbitration and a motion to stay proceedings pending arbitration are both types of motions involved in arbitration law in Virginia. The main difference between the two is the timing in which they are used. A motion to compel arbitration is usually filed at the beginning of a legal dispute, when one party is trying to resolve their dispute through the use of arbitration instead of a court. This motion requests for the court to order that the dispute should be handled through arbitration instead of a court of law. On the other hand, a motion to stay proceedings pending arbitration is filed when one party has already started a court process. This motion requests that the court to suspend any pending court proceedings and compel the parties to resolve their dispute through arbitration instead. In summary, a motion to compel arbitration is used to request that a dispute be brought to arbitration instead of a court, while a motion to stay proceedings pending arbitration is used to suspend a court case already in progress and compel the parties to arbitrate instead. Both motions involve arbitration law in Virginia, and both are used to attempt to resolve a dispute without going to court.
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