Kristin Beneski and John Devlin authored a Practice Note in Practical Law titled “Compelling and Staying Arbitration in Washington.” The article provides guidance on the steps counsel must take to obtain a court order compelling or staying arbitration in Washington state courts.
Before seeking judicial assistance to compel or stay arbitration, parties must determine whether the Federal Arbitration Act (FAA) or Washington law applies to the arbitration agreement (see Determine the Applicable Law). Parties must also consider:
- The threshold factual issues courts consider when evaluating a request to compel or stay arbitration (see Threshold Issues for the Court to Decide).
- The issues specific to requests to compel arbitration (see Considerations When Seeking to Compel Arbitration).
- The issues specific to requests to stay arbitration (see Considerations When Seeking to Stay Arbitration).
- Whether to make an application for provisional remedies when seeking to compel or stay arbitration (see Considerations When Seeking Provisional Remedies).