March 02, 2017 Articles

The Nuts and Bolts of Compelling Arbitration

By Gilda R. Turitz

At the outset of a controversy, whether suit has been filed or not, the question of arbitration may arise. The prosecuting or defending attorney needs to address up front whether the parties must or should arbitrate, rather than pursue claims in court, and what is in the best interests of her client. When litigation involves one or more contracts with arbitration clauses, a first step is to understand the nuts and bolts of whether arbitration can be compelled, for what claims, and against which parties or nonparties.

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