Is a stay of action necessary after all claims have been referred to arbitration?
MultiRegion, United States of America
The following excerpt is from Benzemann v. Citibank N.A., 14-2668-cv (2nd Cir. 2015):
Recently, we "join[ed] those Circuits that consider a stay of proceedings necessary after all claims have been referred to arbitration and a stay requested." Katz v. Cellco P'ship, 794 F.3d 341, 345 (2d Cir. 2015); see also 9 U.S.C. 3 (providing that district court, after granting motion to compel arbitration, shall stay proceedings "on application of one of the parties"). Benzemann, however, did not request a stay before the district court entered judgment. Thus, Section 3 did
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a clause in an arbitration agreement that "delegates to the arbitrators the authority to determine any of the provisions of the arbitration clause" constitute an agreement to arbitrate threshold issues? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is it necessary or necessary that the precise wording of subsection 60.1(3) of the Criminal Code is referred to in the context of the meaning of the wording of section 60. 1(3)? (Canada (Federal), Canada)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
When will a plaintiff be able to bring a claim for damages arising out of actions taken in anticipation of future government action? (MultiRegion, United States of America)
What is the difference between a claim and a claim in which damages are awarded in two separate actions? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
What is the test for a motion to compel arbitration de novo when the claim is based on a legal conclusion about whether the parties contractually bound themselves to arbitrate? (MultiRegion, United States of America)
Is a class action settlement that pays more for federal claims than for state law claims reasonable? (MultiRegion, United States of America)
