---
title: "Assemble the facts for a consent referral of a court case to arbitration"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-consent-referral-of-court-proceedings-to-arbitration/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-K20261018-4-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Assemble the facts for a consent referral of a court case to arbitration

> From the complaint and the arbitration clause, list the parties, the claims, the clause, and whether the clause is in writing. Write no motion, no proposed order, and no petition.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-consent-referral-of-court-proceedings-to-arbitration/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 parties, the claims, the clause, and whether the clause is in writing. Write no motion, no proposed order, and no petition. |
| What the lawyer must review | 9 U.S.C. § 3: 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 in accordance with the agreement, provided the applicant is not in default in proceeding with the arbitration. 9 U.S.C. § 4: a party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement may petition a United States district court which, save for the agreement, would have jurisdiction under title 28. Five days’ notice in writing of that application shall be served in the manner provided by the Federal Rules of Civil Procedure. The lawyer writes the application. Rule 11(b) is the certification. Consent of the other party does not move the signature to the tool. |
| Written for | United States |
| Applies to | [Prepare the consent referral of court proceedings to arbitration](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-consent-referral-of-court-proceedings-to-arbitration.md) |

## Checking plan

- What the AI does: From the complaint and the arbitration clause, list the parties, the claims, the clause, and whether the clause is in writing. Write no motion, no proposed order, and no petition.
- 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. Section 4 is a petition to compel. The lawyer chooses which paper the case needs.
- State-court referral statutes were not opened. Sections 3 and 4 speak to courts of the United States.

## Sources

- [9 U.S.C. § 3, stay of proceedings where issue therein referable to arbitration](https://www.law.cornell.edu/uscode/text/9/3) (checked 2026-10-22)
- [9 U.S.C. § 4, failure to arbitrate under agreement; petition to compel](https://www.law.cornell.edu/uscode/text/9/4) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)

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