25-2 Compelling Arbitration
The procedure for compelling arbitration is similar under both the FAA and TAA. If suit is brought and it is referable to arbitration, a party may compel arbitration with a motion (or application) to compel arbitration.17 Both the FAA18 and TAA19 require the court to stay trial court proceedings that are subject to an arbitration agreement.
Where a lawsuit subject to an arbitration agreement has not already been filed, suit may be filed seeking an order to compel arbitration.20
The application to compel arbitration should:
• Show the jurisdiction of the court;
• Have attached a copy of the agreement to arbitrate;
• Define the issue subject to arbitration between the parties under the agreement;
• Specify the status of the arbitration before the arbitrators; and
• Show the need for the court order sought by the applicant.21
When a trial court erroneously denies a party's motion to compel arbitration, mandamus is available to correct the error in suits governed by the FAA.22 Mandamus ordinarily is...
