Prepare the application to stay a federal action in favour of arbitration
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the complaint and the arbitration clause, list the issues that are referable to arbitration and whether the applicant is in default in proceeding with the arbitration. Write no part of the motion.
- What the lawyer must review
- If a suit is brought in a court of the United States on an issue referable to arbitration under a written agreement, the court shall, on application of a party, stay the trial of the action until the arbitration has been had, provided the applicant is not in default in proceeding with the arbitration (9 U.S.C. § 3). The stay application is a court paper. Rule 11 is the lawyer’s certification of the legal contentions. Formal Opinion 512 does not replace that certification. The lawyer writes and signs the motion.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. The tool writes nothing that goes into the document. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.