When Does a Party 'Refuse' to Arbitrate?
Section 4 of the Federal Arbitration Act (FAA) says "a party aggrieved by the alleged failure, neglect or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement."
September 21, 2021 at 01:05 PM
6 minute read
Charles F. Forer, Charles F. Forer Alternative Resolution Services ADR
Editor's note: This article describes a hypothetical situation.
"What's happening with my case?" Bob's answer to his client echoed his past responses: "The other side won't proceed to arbitration, so we are stuck. There is nothing I can do about it."
How long will Bob's client be "stuck"? Can't Bob do something to move this dispute off the dime? Has the other side frustrated Bob's attempt to go to arbitration?
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