Litigation participation does not guarantee a waiver of the arbitration right.
It would be illogical for a party participating in a lawsuit for contract breaching
to request the court later to keep the litigation pending the arbitration.
Motion to compel arbitration in lieu of answer california is very beneficial
service for us.
The California court orders the parties not to arbitrate if:
It determines that the petitioner has waived the right to compel arbitration
There is an existence of grounds for the agreement revocation
The petitioner (a state or a federal money lending institution) created the purported contractual relationship using fraud without the respondent's consent and used the respondent's identification details unlawfully
A party in the arbitration agreement is also involved in another ongoing court action with a third party related to the conflict. However, this does not apply to dispute arbitration agreements for the professional negligence of health care providers
The party seeking a waiver must prove that some detriment delayed the other
party to seek arbitration.
The court will allow arbitration provided the petitioner's disagreements are not
distinct from the disputed arbitration agreement.
If the court orders for arbitration, it will ensure that the parties perform the
agreement effectively.
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