What is a motion to enjoin arbitration?

A motion to enjoin arbitration is a formal legal request made to the court to prevent an arbitration process from taking place. This motion is often made when a dispute arises between two parties in a contract and one of the parties does not want to take part in the arbitration process. In Virginia, a party in a contract may file a motion to enjoin arbitration if they feel that they have been wrongfully denied the right to take part in the arbitration process. The party filing the motion must show evidence that the arbitration process has been wrongfully denied and that they are entitled to have their case heard in court rather than in arbitration. If the court agrees to the motion, then the arbitration process will be prohibited from taking place until the dispute is settled in court. Once the dispute is settled, either through a settlement agreement or a court decision, the arbitration process can then be resumed. In Virginia, motions to enjoin arbitration are filed in the circuit court and are governed by the Rules of Civil Procedure.

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