PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Motion to Stay
 10 Cards On This Topic:
  • Motion to stay litigation may be filed with petition to compel.
  • Motion to stay necessary to obtain provisional remedy while reserving right to arbitrate.
  • Motion to stay shall be filed in the court in which the action is ending.
  • Motion to stay necessary to obtain lis pendens protection while reserving right to arbitrate.
  • Court properly awarded Ds' contractual atty fees in separate action to stay arbitration; Ds' entitlement to atty fees here was independent of the outcome of the arbitration of the underlying dispute's merits.
  • Appeal of order directing arbitration in wrongful termination case was premature; action should have been stayed, not dismissed.
  • 9 U.S.C. §16 (a)(3) of USAA did not allow Court to review P's substantive challenge to the order compelling arbitration where appeal premature under state law.
  • Party to arbitration agreement may not compel arbitration of claims under USAA §4 where prior default in arbitration of those claims precludes that party from getting stay pending arbitration under USAA §3.
  • Trial court must stay proceedings while application to arbitrate action is pending in another court of competent jurisdiction.
  • Trial ct. exceeded jurisdiction in interfering in matter submitted to arbitration by ordering arbitration to proceed subject to reinstatement of matter on trial calendar.


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