Federal Arbitration Act Motion To Compel In Wake
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The arbitrators selected either as prescribed in this title or otherwise, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case.
If a judge denies a motion to compel arbitration, the losing party has the right to an immediate appeal of that decision. This right to appeal provides an incentive for companies to enforce their arbitration provisions, while removing the insulation from appeal that other pretrial orders enjoy.
A party seeking to compel further responses to interrogatories, requests for production, or requests for admission is required to submit a “meet and confer declaration” with the motion. (Code Civ.
A court may vacate an award only if it finds that one of the limited grounds in the FAA (9 USC section 10) applies, namely: the award is a result of corruption or fraud; there was evident partiality or corruption by an arbitrator; there was arbitrator misconduct; or.
A defendant may file a petition to compel arbitration in lieu of filing an answer to a complaint. This defendant will then have 15 days after any denial of the petition to plead to the complaint. (Code Civ. Proc., § 1281.7.)
Parties in arbitration may submit written motions in limine prior to a hearing, but it is just as effective in arbitration to raise such motions orally because the arbitrators are sophisticated enough to recognize matters that should not be admitted.
SCOTUS Unanimous: Order Compelling Arbitration Requires Court to Stay, not Dismiss Case.
Serve Motion to Compel Arbitration In Lieu of Answer An answer (or other responsive pleading) must be filed and served within 30 days of service of a complaint.
A petition to compel arbitration must allege the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate such controversy. CCP § 1281.2 (c) (amended eff 1/1/19).