---
title: "Prepare the application to stay a federal action in favour of arbitration"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-E20261018-1-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare the application to stay a federal action in favour of arbitration

> 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.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | United States |
| Applies to | [Prepare the application to stay court proceedings in favour of arbitration](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-application-to-stay-court-proceedings-in-favour-of-arbitrati.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 3 is a stay of the trial of the action in a federal court. It is not an Australian stay application and it is not a state-court procedure.
- A request to compel arbitration is a different section. It was not opened for this version.

## Sources

- [9 U.S.C. § 3, stay of proceedings where issue referable to arbitration](https://www.law.cornell.edu/uscode/text/9/3) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/form-fca-51-stay-for-arbitration.md) | Form | Yellow | Link to Federal Court Form 51, the originating application for a stay of a proceeding under the International Arbitration Act 1974, rule 28.43(1). |
| [Stay of court proceedings under the International Arbitration Act, section 7](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/stay-under-section-7.md) | Checklist | Yellow | Checklist of the section 7 conditions for a stay of court proceedings in favour of a foreign arbitration agreement, taken from the Act text. |
| [Request to refer court proceedings to arbitration under Model Law article 8](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/model-law-article-8-referral.md) | Checklist | Yellow | Checklist of Model Law article 8 and of when the Model Law applies, from Schedule 2 and sections 16 and 21 of the Act. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*