A motion to compel arbitration asserts that a valid agreement covers the dispute and asks the court to order arbitration and stay or dismiss the case. The moving party must establish the agreement's existence and that the claims fall within its scope.
Denial of a motion to compel is immediately appealable under the Federal Arbitration Act, unlike most interlocutory rulings.
Alternative Names:
Petition to Compel Arbitration
Why it Matters?
This motion is usually the first and most consequential filing in a case governed by an arbitration clause, and it should be made early because participating in litigation can waive the right. The immediate appealability of a denial is a significant procedural advantage, giving the movant appellate review before incurring litigation cost that an ordinary interlocutory ruling would not permit.
Frequently Confused with
Related terms
Frequently asked questions
When must a motion to compel arbitration be filed?
Can a denial be appealed immediately?
