Motion to Compel Arbitration
The application asking a court to enforce an arbitration agreement against a party proceeding in litigation.
The procedural vehicle in which nearly all mass arbitration doctrine is made. Denial of a motion to compel is immediately appealable under the FAA, which is why appellate law in this area has developed so quickly — and why a single district court ruling on a bellwether protocol can reshape drafting practice within a quarter.
See also
- Federal Arbitration Act (FAA)The 1925 statute making written arbitration agreements valid, irrevocable, and enforceable.
- Delegation ClauseA provision assigning questions of arbitrability to the arbitrator rather than a court.
- Waiver of ArbitrationLoss of the right to arbitrate through conduct inconsistent with it.
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