Jules v. Andre Balazs Properties · ¶7
An FAA motion can arrive in federal court in one of two ways. Sometimes (like in this case), an FAA motion arises in a pre-existing lawsuit. In such cases, one party files a federal suit and the other responds by arguing that the dispute is arbitrable and so should not go forward in court. If the latter party is right, the court must stay proceedings pending arbitration under § 3 and, upon request, must compel arbitration under § 4.(What else a court may do in this scenario, including with respect to § 9 and § 10 motions fled after arbitration has concluded and the parties return to court, is the subject of this appeal.) In other cases, a “freestanding” FAA motion can arrive in federal court outside of any pre-existing federal case. For example, the parties may proceed directly to arbitration under their contract but need assistance enforcing a subpoena, and so apply to a court for aid…Read in context ›
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