Chapter 9 - CHAPTER 9 PROCEDURES TO STAY OR COMPEL ARBITRATION

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Chapter 9 PROCEDURES TO STAY OR COMPEL ARBITRATION

SYNOPSIS

§ 9.1 INTRODUCTION

§ 9.2 STATUTORY PROVISIONS FOR COMPELLING OR STAYING ARBITRATION OR STAYING LITIGATION

§ 9.2.1—Compelling Arbitration Under The FAA
§ 9.2.2—Compelling Arbitration Under The CRUAA
§ 9.2.3—Which Law In Which Court
§ 9.2.4—Statute Of Limitations
§ 9.2.5—In Which Forum Is The Motion Filed

§ 9.3 COMPELLING OR STAYING ARBITRATION AND/OR STAYING CIVIL ACTION: GENERALLY

§ 9.3.1—Motion By Defendant In Pending Civil Action To Stay The Civil Action And Compel Arbitration Of The Claims
§ 9.3.2—Application To Compel Arbitration And Stay Litigation
§ 9.3.3—Effect Of Order Compelling Arbitration Upon The Pending Civil Action: Staying Or Dismissing The Civil Action
§ 9.3.4—Federal Court Enjoining State Court Litigation Pending Arbitration
§ 9.3.5—Waiver Of Right To Compel Arbitration
§ 9.3.6—Staying Arbitration Or Litigation When Some Claims Must Be Heard In Each Forum

§ 9.4 COMPELLING ARBITRATION WHEN NO CIVIL ACTION IS PENDING

§ 9.5 STAYING OR DISMISSING PENDING ARBITRATION BY THE ARBITRATOR WHEN NO CIVIL ACTION IS PENDING

§ 9.5.1—Commencing Civil Action And Moving To Stay Arbitration
§ 9.5.2—Motion To Arbitrator To Stay Arbitration

§ 9.6 JURISDICTION AND VENUE OF THE COURTS TO DETERMINE MOTION TO COMPEL OR TO STAY ARBITRATION AND TO STAY LITIGATION, AND CONTINUING JURISDICTION THEREAFTER

§ 9.6.1—Jurisdiction And Role Of The Court Upon Entry Of An Order Compelling...

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