Motion to Compel Arbitration and Stay Proceedings

When the motion to compel arbitration is used

Timing: early, when there is a written arbitration agreement. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• Section 4 of the Federal Arbitration Act lets a party aggrieved by another's failure to arbitrate under a written agreement petition a U.S. district court for an order directing arbitration.
• Section 3 provides for a stay of the court proceedings where the issue is referable to arbitration under a written agreement.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 9 U.S.C. §§ 3, 4 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to compel arbitration in state court

This page covers the federal version. In state court, the motion to compel arbitration may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Arbitration: a process in which a neutral arbitrator decides a dispute outside court, usually under an agreement of the parties.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Dismiss for Failure to State a Claim: a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion to compel arbitration and stay proceedings. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.