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 Delaware, as in other states, the process to compel arbitration is governed by both the Federal Arbitration Act (FAA) and state law. To compel arbitration, the party seeking it must demonstrate that a valid arbitration agreement exists between the parties involved and that the claims at issue fall within the scope of that agreement. This involves showing that the parties have agreed to arbitrate disputes rather than litigate them in court. If a party has initiated a lawsuit in court, the other party can file a motion to compel arbitration, asking the court to enforce the arbitration agreement. If the court finds the arbitration agreement to be valid and applicable to the dispute, it will typically stay the court proceedings and order the parties to proceed with arbitration. Arbitration proceedings are usually initiated by filing a case with the arbitration administrator specified in the agreement, such as the American Arbitration Association (AAA), JAMS, or the Financial Industry Regulatory Authority (FINRA), depending on the nature of the dispute and the terms of the arbitration agreement.