What is a motion to enjoin arbitration?

A motion to enjoin arbitration is a legal request to the court to prevent an arbitration from taking place. This motion is typically filed by one party as a way of avoiding entering into a more rigorous, binding and lengthy arbitration process. In California, this motion must be filed with a court before the arbitration process begins. In order for the motion to be granted, the filing party must prove that the arbitration would be either unfair, illegal, or would cause the party undue harm. Additionally, the party must demonstrate that their interests would be better served in court rather than in arbitration, and that the claims must be recognized by the court and that the arbitration outcome would be unenforceable. In addition to the court granting this motion, the parties involved in the arbitration process may also mutually agree to terminate the arbitration before it beings. This often happens when the two parties come to a resolution prior to the court settling the dispute. Ultimately, a motion to enjoin arbitration is a way for parties to avoid the binding and lengthy arbitration process and instead have their case heard in a less formal setting. This can save time, money, and resources.

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What is a motion to enjoin arbitration?

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