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 New Hampshire, 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. If there is an existing agreement to arbitrate disputes, and one party initiates a lawsuit in court instead, the other party can file a motion to compel arbitration in accordance with the terms of the agreement. The arbitration process is typically 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). If the arbitration agreement is silent on the administrator, the party may choose one in accordance with state law or the rules of the FAA. It is important for parties to understand their rights and obligations under the arbitration agreement and to seek the guidance of an attorney if they wish to initiate or compel arbitration.