Thomas H. Wyatt |
When a party commences a lawsuit in defiance of an arbitration agreement, the opposing party may need to seek a court order to stay the litigation and compel arbitration. Likewise, when a party starts an arbitration proceeding in the absence of an arbitration agreement, the opposing party may need to seek a court order staying the arbitration. This Note describes the key issues counsel should consider when requesting a court to compel or stay arbitration in Arkansas, including preliminary considerations when compelling or staying arbitration, threshold factual issues presented to the court, considerations when preparing the motion, procedural rules applicable to the motion, and appeal of an order compelling or staying arbitration.
The above is an excerpt from an article written by Thomas H. Wyatt for Westlaw Practical Law. You download the entire article below.
For more information on this topic, please contact Thomas H. Wyatt at 501.379.171730 or twyatt@QGTlaw.com.