Perspective
Sep. 23, 2015
Delaying motion to compel arbitration can backfire
Two recent appellate courts grappled with a defendant's ability to compel arbitration pursuant to an arbitration agreement after extensive discovery and motion practice has taken place. By Stephen McNamara
When a plaintiff has signed an arbitration agreement but instead files a lawsuit,
defendants and their counsel who ultimately want to arbitrate must move with reasonable
speed to compel arbitration or risk losing the right to do so. Two recent appellate
decisions involve delays greater than a year before defendants sought to compel arbitration,
but reached opposite results. The dif...
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