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 North Carolina, 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 specific claims at issue fall within the scope of that agreement. If there is an existing arbitration clause in a contract, and one party initiates a lawsuit in court instead of arbitration, the other party can file a motion to compel arbitration in accordance with the terms of the contract. The motion is typically filed in the court where the lawsuit is pending. The arbitration process itself is initiated by filing a case with the arbitration administrator specified in the agreement, such as the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), or the Financial Industry Regulatory Authority (FINRA), depending on the nature of the dispute and the parties' agreement.