A person or entity seeking to compel arbitration under the Federal Arbitration Act—or under a state law arbitration statute—generally must establish that a valid arbitration agreement exists and that the person or entity’s claims are within the scope of the arbitration agreement. A party typically initiates an arbitration proceeding by filing the arbitration case with the agreed-upon administrator of the arbitration (AAA, JAMS, FINRA), or by filing a motion to compel arbitration when another party has initiated a legal action in court (a lawsuit).

In California, to compel arbitration, the party seeking arbitration must demonstrate that a valid arbitration agreement exists and that the claims at issue fall within the scope of that agreement. This is in line with the Federal Arbitration Act (FAA), which favors the enforcement of arbitration agreements. The process usually begins by filing the case with an arbitration administrator such as the American Arbitration Association (AAA), JAMS, or the Financial Industry Regulatory Authority (FINRA), depending on the terms of the arbitration agreement. If a lawsuit has already been filed in court, the party seeking arbitration would file a motion to compel arbitration in that court. The court will then determine whether the arbitration agreement is enforceable and whether the dispute is arbitrable under the terms of the agreement. If the court finds the agreement to be valid and the claims to be within its scope, it will order the parties to proceed to arbitration.