What is a motion to dismiss an arbitration?

A motion to dismiss an arbitration is a legal pleading filed by one party in a dispute seeking to end the arbitration proceeding. This motion is typically filed when a party believes that the arbitration should not move forward for a number of legal reasons. In South Dakota, the motion must be filed within twenty-one days after the respondent has been served the summons or other documents initiating the arbitration. The motion must state the legal grounds for dismissal and include a statement of facts that support the legal grounds for dismissal. This motion can be filed on any grounds that would normally end a lawsuit in court, such as the claim being barred by statute of limitations, venue being improper, or lack of jurisdiction of the tribunal or court. A motion to dismiss an arbitration is evaluated by the arbitrator or arbitral tribunal. If the tribunal finds that the motion has merit, the arbitration will be dismissed and the parties will be free to pursue alternative matters to resolve their dispute. However, the tribunal may also deny the motion and allow the arbitration to proceed. In this case, the parties will be expected to participate in the arbitration process in good faith to resolve the dispute.

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What is a motion to dismiss an arbitration?

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