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 Washington (WA), as in other states, the process to compel arbitration is guided by both the Federal Arbitration Act (FAA) and state arbitration statutes. 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 agreement to arbitrate, and one party initiates a lawsuit instead of arbitration, the other party can file a motion to compel arbitration in court. The motion must show the court that the dispute is covered by the arbitration agreement. If the arbitration agreement specifies an administrator (such as the American Arbitration Association, JAMS, or FINRA), the party seeking arbitration would typically initiate the process by filing a case with that organization. Washington State's arbitration laws generally align with the FAA, but there may be specific state rules and procedures that also apply.