Motion to Compel Arbitration and Stay Civil Action Pending Arbitration
(MI)

Summary

This template is a motion to compel arbitration and stay a civil action pending completion of arbitration for use in Michigan circuit court. See MCL §§ 691.1685, 691.1687. This template includes practical guidance, drafting notes, and alternate paragraphs. This template as drafted is for use by a defendant where the parties have an enforceable arbitration agreement, but the plaintiff has initiated a civil action based on a claim that defendant contends is arbitrable under the arbitration agreement. In such a case, the defendant may move to compel arbitration and stay the civil action pending completion of arbitration. See MCL § 691.1687(1), (6), (7). This template may be modified for use by either party where no judicial proceeding has been commenced but the opposing party is refusing to arbitrate the dispute pursuant to the agreement. In the latter case, language regarding a stay of the civil action should be omitted from the motion. The motion should be made and heard in the manner provided by court rule for making and hearing motions generally. See MCL § 691.1685(1). The MUAA does not provide any additional details regarding the contents of a motion to compel arbitration under MCL § 691.1687; in the absence of such guidance, the motion to compel should: • State the relief requested, i.e., that the court issue an order compelling the adverse party to arbitrate the dispute and staying any judicial proceeding relating to the dispute that has previously been commenced by the adverse party, and the grounds and authority for the relief sought. See MCL § 691.1687(1), (6), (7); MCR 2.119(A)(1)(b), (c). • Briefly describe the facts and procedural background as relevant to the motion, supported by affidavits as appropriate. • Be accompanied by a copy of the written arbitration agreement. • Be accompanied by brief setting forth legal argument and authority showing that the arbitration agreement is enforceable and that the dispute in question is subject to arbitration under the agreement. See MCR 2.119(A)(2). • Be signed by the attorney of record for the party seeking to compel arbitration. See MCR 1.109(E), 2.119(A)(1)(d). • Conform to the general format for motions as set forth in the Michigan Court Rules (see MCR 1.109(D)(1), 2.119(A)) and any applicable local rules. For discussion of motion procedure and format generally, see Motion Practice Fundamentals (MI). For general format requirements, see Formatting Rules in Court Checklist (MI). If the motion to compel is being made by the defendant in response to a civil action commenced by the plaintiff, notice of the motion must be given in the manner provided by court rule for serving motions in pending actions. See MCL § 691.1685(2); MCR 2.107, 2.119(C); see also Filing and Serving Documents Other Than Initial Complaint and Summons (MI). If the moving party is seeking to compel arbitration and no previous action or motion relating to the dispute or the arbitration agreement has been filed, a complaint regarding the agreement to arbitrate must be filed and served as in other civil actions. Notice of an initial motion to compel arbitration under the MUAA may be served with the summons and complaint in the manner provided by court rule for the service of a summons in a civil action. MCL § 691.1685(2). For discussion of the procedure for service of summons, see Commencing a Lawsuit: Serving Process (MI). If the motion to compel arbitration is being filed in response to a civil action involving a claim subject to arbitration under an alleged arbitration agreement, the motion must be filed in the court where the action is pending. See MCL § 691.1687(5). If no action relating to the dispute or the arbitration agreement is pending, the motion should be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held. If the agreement does not specify a county for the hearing, the motion must be filed in any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in Michigan, in the court of any county in Michigan. All subsequent motions under the MUAA must be filed in the court hearing the initial motion unless the court otherwise directs. MCL §§ 691.1687(5), 691.1707. For filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). The motion should be accompanied by a notice of hearing, although the notice and motion may be combined in a single document. See MCR 2.119(A)(3). The motion also contains a proof of service of the motion and accompanying documents on the opposing party. See MCR 2.107(D). In addition to the statewide rules, some individual circuit courts have specific local rules governing motion practice. Counsel should consult these rules and modify this template as appropriate. For further discussion of motions to compel arbitration, see Motion to Compel Arbitration and Stay Civil Action Pending Arbitration: Making and Opposing the Motion (MI).