Compelling and Enjoining Arbitration in US Federal Courts

by Practical Law Arbitration and Practical Law Litigation

A Practice Note detailing the procedure and considerations implicated when compelling or enjoining arbitration in US federal courts. This document explores the initial steps and strategic considerations for legal counsel when seeking judicial intervention in arbitration matters. It outlines the requirements under the Federal Arbitration Act (FAA) for compelling arbitration, including ensuring the arbitration agreement falls within the scope of the FAA, and discusses the applicability of the New York Convention for international agreements. The Practice Note addresses issues such as the drafting of petitions and motions and the arbitrability of the dispute. It also considers the implications of appealing orders related to arbitration requests, emphasizing that orders denying arbitration can be appealed immediately, while those granting arbitration generally cannot. This Practice Note serves as a critical resource for navigating the procedural intricacies of arbitration in the federal court system.