Quote:
Originally Posted by Tyrone Slothrop
Here's a dopey litigation question: Someone sues you and another party in federal court. You have an arbitration clause in your agreement with them. Procedurally, when and how do you remove things to arbitration, and what happens vis-a-vis the plaintiff's claim against the other party?
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I've been in this situation as a plaintiff, although we had a mediation clause and then an arbitration clause (to occur if mediation was unsuccessful). We asked the contract defendant to waive those clauses (they declined, which was expected). We then sued the party with whom we had no contract, but did not sue the contract defendant. At some point we convinced the named defendant to mediate, and then requested that the contract defendant participate in the mediation (which they, under the contract, were required to do). It all worked out.
If I were the contract defendant in your situation, I would simply move to dismiss.
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