Compelling and Staying Arbitration in New Hampshire



April 18, 2018

Author(s): Dan Deane, Nathan Warecki

A practice note explaining how to request judicial assistance in New Hampshire state court to compel or stay arbitration. This note describes the issues counsel must consider before seeking judicial assistance, and explains the steps counsel must take to obtain a court order compelling or staying arbitration in New Hampshire courts.

© 2018 Thomson Reuters. All rights reserved. Reprinted with permission.

Scope of this note

When a party commences a lawsuit in defiance of an arbitration agreement, the opposing party may need to seek a court order to stay the litigation and compel arbitration. Likewise, when a party starts an arbitration proceeding in the absence of an arbitration agreement, the opposing party may need to seek a court order staying the arbitration. This note describes the key issues counsel should consider when asking a court to compel or stay arbitration in New Hampshire, including the standards under New Hampshire arbitration law, the court’s inquiry on an application to stay or compel arbitration, and the form of applications to compel or stay arbitration.

This note does not address arbitration of domestic relations disputes under the New Hampshire arbitration statute.

Read the full practice note, “Compelling and Staying Arbitration in New Hampshire,” by clicking on the PDF link below.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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