What is a stay of arbitration?

A stay of arbitration is a court order that stops an arbitration process from occurring. It can be sought by any of the parties involved in the arbitration. In Illinois, it is requested by filing a motion to the court normally before the arbitration hearing takes place. The court may grant a stay of arbitration if it finds that there is serious delay or potential for injustice. It may also grant it when the parties have not agreed to the arbitration, when they cannot agree on who will arbitrate the dispute, or when the conditions for arbitration are not fulfilled. The stay of arbitration does not affect the underlying dispute between the parties. It simply prevents them from engaging in arbitration until the court has decided the matter. The court may also order the parties to stay the arbitration until some other court action is decided. If the court grants a stay of arbitration, the parties can still pursue other options such as litigation or settlement. They may also resume negotiations. It is important to note that the court may also deny the request for a stay of arbitration. In such cases, arbitration would take place as normal.

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