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Mississippi Memorandum in Support of its Motion to Dismiss and Compel Arbitration of Claims of Cross-Plaintiffs

State:
Mississippi
Control #:
MS-60522
Format:
Word; 
Rich Text
Instant download

Description Support Its Motion

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Plaintiff/Defendant's Memorandum in Support of its Motion to Dismiss and Compel Arbitration of Claims of Cross-Plantiffs, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-60522
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1Sufficient background facts so that the judge understands the outlines of the dispute.2Text of the arbitration agreement.3Identities of the parties to the lawsuityou and the other person or company.4Explanation of how the court has jurisdiction over the lawsuit.How to File a Court Proceeding to Compel Arbitration As the\nwww.wikihow.legal > File-a-Court-Proceeding-to-Compel-Arbitration-As-t...

Definition. A motion to compel arbitration is a request made to a court in a pending litigation matter to force a party to submit the dispute to arbitration.

The plaintiff can arbitrate and challenge the decision to compel arbitration by appeal after the merits of the case are decided by the arbitrator and confirmed as a judgment.

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.

Sufficient background facts so that the judge understands the outlines of the dispute. Text of the arbitration agreement. Identities of the parties to the lawsuityou and the other person or company. Explanation of how the court has jurisdiction over the lawsuit.

Dispositive or non-dispositive motion for purposes of § 636. Lee v.The First and Third Circuits, along with a district court in this circuit, however, have concluded that a motion to compel arbitration is a non-dispositive motion within the jurisdiction of a magistrate judge.

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Mississippi Memorandum in Support of its Motion to Dismiss and Compel Arbitration of Claims of Cross-Plaintiffs