Louisiana Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration

State:
Multi-State
Control #:
US-02644BG
Format:
Word; 
Rich Text
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Description

A motion to stay refers to a motion filed to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration
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FAQ

Many arbitration cases end with a settlement between parties, either through direct negotiation or through mediation. Others end with an award. If a claimant is awarded damages, the respondent must pay within thirty days of receiving the written award, unless the respondent files a motion to vacate.

A stay of arbitral proceedings takes place when the arbitral tribunal decides to temporarily suspend an arbitration, usually because there are other proceedings, either at a court or another arbitration, that are relevant to settle the dispute.

(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). (c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

The general rule (as set forth in section 32(1) of the Arbitration Act) is that arbitration proceedings are automatically terminated once the arbitral tribunal makes the final award, which decides the merits of the claims or counterclaims presented by the parties.

Even on the termination of the agreement/contract, the arbitration clause will survive. Even when the agreement/contract comes to an end by efflux of time, the arbitration clause will not come to an end. In spite of the declaration that a contract is null and void, the arbitration clause continues to be enforceable.

Even on the termination of the agreement/contract, the arbitration clause will survive. Even when the agreement/contract comes to an end by efflux of time, the arbitration clause will not come to an end. In spite of the declaration that a contract is null and void, the arbitration clause continues to be enforceable.

How do I opt out of a forced arbitration clause? Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out.

Parties to an arbitration may unilaterally withdraw their claims. Where the withdrawn claim is the only claim being made in the arbitration, the proceedings will ordinarily be discontinued.

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Louisiana Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration