Federal Arbitration Act Motion To Compel In North Carolina
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Motion concerning arbitration. A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration.
The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.
Arbitration is a fairer, faster, and less expensive way to resolve disputes than time-consuming and expensive litigation.
An arbitration hearing is an informal legal proceeding held before a neutral court official called an arbitrator. Arbitration hearings are limited by rule to one hour and take place in the courthouse. The hearings are conducted in a serious but relaxed atmosphere, with the rules of evidence serving as a guide.
Motion to Compel Discovery This motion is filed to request that the court orders the opposing party to provide requested information during the discovery process. It is used when one party believes the other is withholding relevant documents, answers to Interrogatories, or other discovery materials.
§ 1-569.26. Jurisdiction. (a) A court of this State having jurisdiction over the controversy and the parties to an agreement to arbitrate may enforce the agreement to arbitrate.
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.
Notably, ing to Section 21 of the Arbitration Act, the arbitration proceedings commence when a notice invoking arbitration is sent by the Claimant to the other party within a maximum period of 3 years from the date of occurrence of cause of action.
An arbitration should only be commenced when a dispute(s) has arisen between the parties. Claims where there is no substantive defence, a respondent has failed to provide a response, or which are admitted (but unpaid) are still 'disputes'.
A party may compel arbitration as long as they have a valid and enforceable written agreement to submit a dispute to arbitration. Arbitration, and specifically the procedures for compelling arbitration, are governed by Code of Civil Procedure section 1280 et seq.