What is a motion to enjoin arbitration?
A motion to enjoin arbitration is a legal request asking a court to prevent an arbitration proceeding from taking place. This is usually requested when an individual or party opposes arbitration for some reason. This can happen for various reasons, such as when a party believes that the claims they are making in a dispute can only be resolved by a court. In Indiana, a motion to enjoin arbitration must be filed with the court in the county in which the arbitration is scheduled to take place. The motion should provide detailed information of why the request should be granted. The court will review the facts of the case in order to decide if they should stop arbitration from proceeding. In order for the court to grant the request, the party must demonstrate that there is a substantial and irreparable harm that would occur should the arbitration be allowed to continue. This is a difficult standard to meet and therefore a motion to enjoin arbitration is not usually granted. If the court does grant the motion to enjoin arbitration, then the dispute must be settled in court, which can be a lengthy process. It is important to remember that a motion to enjoin arbitration does not necessarily guarantee that the court will order the arbitration to be stopped from proceeding, so parties should make sure that they have all of their evidence and documents ready before attempting to file this motion.
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