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http://ssrn.com/abstract=1685308
 
 

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An Analysis of an Order to Compel Arbitration: To Dismiss or Stay?


Melanie A. Goff


affiliation not provided to SSRN

Richard A. Bales


Ohio Northern University - Ohio Northern University College of Law

September 30, 2010

Penn State Law Review, Forthcoming

Abstract:     
The Federal Arbitration Act makes arbitration agreements judicially enforceable. Often, however, one party to a dispute would prefer to litigate, and files suit on the underlying claim. The party preferring arbitration may then file a motion to compel arbitration. If the court grants the motion, the court must then decide whether to stay the suit during the pendency of the arbitration proceedings, or whether to dismiss the suit outright. Though this issue has arisen thousands of times, in probably every federal district court in the country, there is no clear answer as to whether courts should stay or dismiss. This article argues that courts should stay a case when some points of dispute between the parties fall outside the arbitration agreement and cannot be resolved by the arbitrator, and that otherwise courts should have the discretion to dismiss the case in favor of arbitration.

Number of Pages in PDF File: 22

Keywords: FAA, Arbitration, Stay, Dismiss, Compel

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Date posted: September 30, 2010 ; Last revised: February 15, 2012

Suggested Citation

Goff, Melanie A. and Bales, Richard A., An Analysis of an Order to Compel Arbitration: To Dismiss or Stay? (September 30, 2010). Penn State Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1685308

Contact Information

Melanie A. Goff
affiliation not provided to SSRN ( email )
Richard A. Bales (Contact Author)
Ohio Northern University - Ohio Northern University College of Law ( email )
525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)
HOME PAGE: http://law.onu.edu/node/3073
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